Enforcement of orders and agreements solicitors
We provide expert support in enforcing family court orders and financial settlements when the other party fails to comply, ensuring what has been agreed is upheld.
Swift, practical advice to help you enforce family court orders and secure the outcome you are entitled to.
When a family court order is not being upheld or properly executed, whether it relates to financial settlements or child arrangements, it can cause significant stress, disruption, and uncertainty. At Boyes Turner, we help you take clear, effective steps to enforce the terms of your agreement or court order, ensuring your rights are protected and the original decisions are upheld.
We understand how frustrating and stressful this can be, particularly where you may have already had to endure an arduous process to obtain the original agreement or court order. We can guide you on what can be done and help you take decisive, cost-effective and worthwhile action to enforce what has been ordered or agreed.
- Trusted family law experts who advise families with practical solutions that prioritise children’s wellbeing.
- We work collaboratively with a trusted network of professionals, including counsellors, financial advisers and family coaches, ensuring you have the right support at every stage of your journey.
- Backed by a leading full-service law firm, with access to other specialist legal advice whenever you need it.
- Our flexible approach allows you to choose the level of support you need, with clear pricing and no unnecessary work.
The process after a breach of court order
Enforcing a court order typically begins with a review of the original order to ensure it is legally binding and clear in its terms. The next step is usually to try informal resolution, for example, through a solicitor’s letter to encourage compliance without further proceedings.
If this fails, a formal application can be made to the court to enforce the order. The specific enforcement route will depend on the type of order: for financial matters, this could include attachment of earnings, charging orders, or bailiff enforcement; for child arrangements, it may involve enforcement orders, variations, or penalties for non-compliance.
Throughout the process, it’s important to act promptly and with legal advice, as enforcement often involves strict procedures and time limits.
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Enforcement of orders FAQs
What can I do if my ex-partner isn’t complying with a court order?
If your ex-partner isn’t complying with a court order, you have the right to take action. It’s important to seek advice from a family law solicitor early on, so you approach the situation correctly and avoid weakening your case. A solicitor can assess whether the order has been breached, advise on the most effective enforcement route, and help you take proportionate steps to resolve the issue, often starting with a formal letter before court action is taken.
We recommend you also begin gathering any relevant evidence, such as missed payments, cancelled visits, messages, or other proof of non-compliance, as this will support your application if the matter returns to court.
Can a court order be changed instead of enforced?
Yes, in some situations, a court order can be changed rather than enforced—particularly when there has been a genuine change in circumstances since the order was made. Life is unpredictable, and what once seemed fair or practical may no longer be workable. This could be due to a change in employment, an unexpected financial downturn or windfall, or the discovery of previously undisclosed information. Whether you believe the existing agreement no longer reflects your current situation, or your ex-partner is requesting changes, we can help you explore your legal options.
What happens if someone breaches a child arrangements order?
If someone breaches a child arrangements order, for example, by refusing to allow contact, not returning the child on time, or deliberately disrupting agreed arrangements, it can be deeply distressing and may require legal intervention. If informal efforts to resolve the issue fail, you can apply to the family court to enforce the order. The court will review the circumstances, assess whether the breach was deliberate or reasonable, and, if it finds a breach has occurred without good cause, it can take several steps to secure future compliance. These may include:
- Issuing a warning notice to the non-compliant party.
- Ordering unpaid work (community service) to be completed
- Imposing financial penalties or fines.
- Ordering the payment of compensation for losses caused by the breach.
- Varying the existing order to better protect the child’s interests.
How do I enforce a financial order after divorce?
If your ex-spouse is refusing to comply with a financial order following your divorce, such as failing to pay a lump sum, spousal maintenance, or transfer assets, you have the right to take enforcement action. The first step is to seek legal advice to confirm the terms of the order and assess whether it has been breached. Sometimes a solicitor’s letter is enough to prompt compliance, but if not, you can apply to the court to enforce the order. The court has several enforcement powers available, depending on your ex-spouse’s financial situation and the nature of the unpaid obligation. The possible enforcement methods include:
- Attachment of earnings order – deducting money directly from their salary.
- Charging order – placing a charge on their property or assets.
- Third-party debt order – freezing and claiming money from their bank account.
- Warrant of control – instructing bailiffs to seize goods to recover the debt.
- Judgment summons – requiring them to attend court to explain non-payment, which can lead to imprisonment in extreme cases.
Is there a time limit for enforcing a court order?
Yes, there are time limits for enforcing certain types of court orders, and acting promptly is crucial. If you are unsure whether you are within time to enforce an order, it is important to seek legal advice as early as possible to avoid losing your ability to take action.
How long does the enforcement process take?
The length of the enforcement process can vary significantly depending on the type of court order, the complexity of the case, and how the other party responds. In straightforward cases, such as enforcing a clear financial order against someone with accessible assets or income, resolution may take just a few weeks to a couple of months. However, if the other party is uncooperative, disputes the breach, or has limited resources, the process can take longer and may involve multiple court hearings. Enforcement of child arrangements orders may also take time, particularly if the court needs to assess the child’s welfare or vary existing arrangements
Will I get my legal costs back if I enforce an order?
Whether you can recover your legal costs when enforcing a court order depends on the circumstances of your case and the court’s discretion. If the court agrees that the other party has clearly breached the order without a reasonable excuse, it may order them to pay your enforcement costs, either in full or in part. However, this isn’t guaranteed, and the court will consider factors such as the reason for the breach, each party’s conduct, and the steps you took before applying to court (like trying to resolve the issue amicably). In financial cases, cost recovery is more common, especially if the breach is deliberate or ongoing. In child arrangements cases, costs are awarded more cautiously, as the court’s main focus is the welfare of the child.
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Why use our enforcement of order solicitors?
Strategic enforcement without unnecessary escalation
We do not rush to court unless we have to. Our team uses smart strategies, such as warning notices, negotiation, and leveraging court deadlines, to encourage compliance without unnecessary confrontation or cost.
Child-focused solutions that protect wellbeing
For breaches of child arrangements, we focus on resolving the issue while preserving the child’s emotional wellbeing. Our approach combines firmness with sensitivity, and where possible, we use mediation to avoid escalating family conflict.
We are a leading full-service law firm
Boyes Turner is recognised as a leading law firm by Chambers UK and The Legal 500. As a full-service firm, we can draw on the expertise of our other specialist teams across private wealth, residential property and disputes to provide seamless support whenever you need it.
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