Laws are getting tough on divorce payments.

Enforcing Divorce Settlements and Maintenance Orders

A financial order made during divorce or civil partnership proceedings is legally binding. A former spouse or civil partner cannot simply stop making payments or refuse to transfer assets because they no longer agree with the arrangement.

Where an order is not followed, the person entitled to receive the money or property may apply to the Family Court for enforcement.

The appropriate procedure will depend on:

• the terms of the original order;
• the amount outstanding;
• whether the default is deliberate;
• the debtor's income and assets;
• whether the debtor lives abroad; and
• whether the order concerns maintenance, a lump sum, property or another obligation.

What Is a Financial Remedy Order?

A financial remedy order records the financial arrangements imposed or approved by the court following divorce or dissolution.

It may include:

• spousal maintenance;
• a lump-sum payment;
• the transfer or sale of property;
• pension sharing;
• secured periodical payments;
• payments for children in appropriate cases; and
• other arrangements concerning matrimonial assets.

An agreement reached privately is not always directly enforceable as a court order. Separating couples are usually advised to have their settlement agreed by the court through a consent order.

What if Maintenance Payments Stop?

The recipient should keep a clear record of:

• the payments required under the order;
• the dates on which they were due;
• the amounts actually received;
• the resulting arrears;
• bank statements;
• communications with the payer; and
• any explanation given for the missed payments.

It may be sensible to contact the payer and ask why payment has stopped, particularly where a temporary banking or administrative problem could cause the default.

However, a person should not allow substantial arrears to build up while relying on repeated promises that payment will eventually be made.

Can the Payer Stop or Reduce Maintenance?

No. A payer cannot unilaterally reduce or suspend court-ordered Maintenance.

If their financial circumstances have materially changed, they may apply to the court to vary, suspend or discharge the order.

Until the order is formally varied or brought to an end, the existing payment obligation normally continues.

The parties may sometimes reach a written agreement about a temporary change, but legal advice should be obtained because an informal agreement may not permanently alter the court order.

General Enforcement Application

A person seeking payment can make a general enforcement application and ask the court to select the most appropriate method of enforcement.

The application must state:

• the amount due;
• how the arrears have been calculated;
• the order being enforced; and
• the relevant history of non-payment.

The debtor may be required to attend court, answer questions about their finances and provide a financial statement with supporting documents.

Since April 2023, a debtor responding to this type of general enforcement application must normally file and serve the required financial statement and documents at least seven days before the first hearing.

Attachment of Earnings Order

An attachment of earnings order requires an employer to deduct money directly from the debtor's wages and send it towards the amount due.

It may be useful where the debtor:

• is employed;
• receives a regular salary;
• has repeatedly missed payments; or
• cannot be relied upon to pay voluntarily.

The court will consider the debtor's earnings, essential living expenses and existing obligations before setting the deduction.

An attachment of earnings order may be less effective where the debtor is self-employed, changes jobs frequently or has irregular income.

Third-Party Debt Order

A third-party debt order may allow money owed to the debtor by another person or organisation to be paid to the creditor instead.

It is commonly used to freeze and obtain money held in a bank account.

The order generally affects funds held at the time the interim order reaches the bank. It does not automatically capture money paid into the account later.

Accurate information about the debtor's bank or other third party is therefore important.

Charging Order

A charging order secures the debt against property, land, investments or certain other assets owned by the debtor.

The charge operates in a similar way to security for a debt. It may prevent the debtor from selling or refinancing the asset without addressing the amount owed.

A charging order does not necessarily produce immediate payment. A separate application for an order for sale may be required where the creditor seeks to force the sale of property.

The court will consider matters including:

• the amount owed;
• the value and ownership of the property;
• existing mortgages and charges;
• the interests of children or other occupiers;
• the debtor’s conduct; and
• whether sale would be proportionate.

Writ or Warrant of Control

A writ or warrant of control authorises an enforcement officer to take control of eligible goods belonging to the debtor and, if necessary, sell them to satisfy the debt.

Not every item can be taken. Exemptions can apply to essential household items, tools required for work and property belonging to someone else.

This method may be ineffective where the debtor has few valuable goods or where ownership is disputed.

Order for Sale

Where a charging order secures a debt, the creditor may seek an order requiring the relevant property to be sold.

An order for sale is a serious remedy and is not granted automatically.

The court may take account of:

• the size and age of the debt;
• whether the debtor has deliberately refused to pay;
• the availability of other enforcement methods;
• the effect on children and other residents;
• the amount of equity in the property; and
• the terms of the original financial order.

Judgment Summons

A judgment summons may be used where the creditor alleges that the debtor has had the means to pay but has wilfully refused or neglected to do so.

The court can require the debtor to attend and answer questions.

Imprisonment may be ordered in an appropriate case, but the legal test is strict.

The creditor must establish that the debtor:

• had the means to pay when the payment became due, or has had the means since then; and
• refused or neglected to make the payment.

A person should not be imprisoned merely because they genuinely cannot afford to pay.

Can Someone Be Sent to Prison?

Imprisonment is possible in limited cases but is a last resort.

The court must distinguish between:

• a debtor who cannot pay; and
• a debtor who can pay but deliberately refuses.

The court may impose a suspended committal order, giving the debtor a final opportunity to comply.

Because aperson'ss liberty is at stake, strict procedural safeguards and a high standard of proof apply.

Contempt of Court

Failure to comply with certain non-payment obligations may amount to contempt of court.

This may be relevant where a person refuses to:

• transfer property;
• sign required documents;
• deliver an asset;
• provide information required by an order;
• comply with an undertaking given to the court; or
• take another specified action.

Possible sanctions include a fine, seizure of assets or imprisonment.

Committal applications are technically demanding and must comply with strict notice and evidence requirements.

Enforcing an Undertaking

An undertaking is a formal promise made to the court.

Where a person has undertaken to pay money and fails to do so, enforcement action may be taken.

Imprisonment may be possible if it is proved that the person had the means to pay but refused or neglected to comply.

An undertaking should not be treated as an informal promise between former partners.

Interest on Unpaid Money

Interest may be payable on some overdue lump sums, cost orders and judgment debts.

The applicable rules depend on:

• the type of order;
• the court that made it;
• the wording of the order;
• the amount outstanding; and
• the period of default.

Interest on maintenance arrears is more restricted and should not be assumed to arise automatically.

Time Limits for Maintenance Arrears

Where periodical-payment arrears are more than 12 months old, the court's permission may be required before enforcement.

The court may consider:

• why enforcement was delayed;
• whether the debtor knew the payments remained due;
• whether the parties reached any agreement;
• the prejudice caused by the delay;
• the debtor’s conduct; and
• the effect of enforcement on both parties.

Prompt legal advice should be obtained before arrears become difficult to recover.

Setting Aside a Transaction

A debtor may attempt to avoid payment by transferring property, giving assets away or entering into an arrangement intended to defeat the financial order.

The court may have the power to set aside or restrain a transaction where the legal requirements are met.

Examples may include:

• transferring a home to a relative;
• moving money to another person’s account;
• selling an asset at an artificial undervalue;
• creating a sham debt;
• moving assets overseas; or
• disposing of investments shortly before enforcement.

Urgent applications may be necessary where assets are at immediate risk of disappearing.

Freezing Injunctions

A freezing injunction may prevent a debtor from disposing of or moving assets before enforcement can take place.

It is an exceptional remedy and usually requires strong evidence of a real risk that assets will be dissipated.

The applicant must provide full and frank disclosure, particularly where the order is sought without warning to the debtor.

A person who obtains an injunction may be required to give an undertaking to compensate the other party if the order later proves to have been wrongly granted.

Orders to Obtain Financial Information

The court can require a debtor to attend and provide information about their financial position.

Relevant information may include:

• employment and income;
• bank accounts;
• property;
• investments;
• company interests;
• pensions;
• vehicles;
• debts; and
• assets held jointly or through another person.

Failure to provide accurate information or comply with disclosure orders can lead to sanctions.

Enforcement Against a Company

Problems may arise where the debtor controls a company and claims that assets or income belong to the business rather than personally to them.

The court will not automatically treat company property as the debtor's personal property.

However, it may examine:

• salary and dividends;
• director's loan accounts;
• company-funded personal expenses;
• shareholdings;
• transactions with connected parties;
• whether income has been deliberately suppressed; and
• whether the company structure is being used to frustrate the order.

Specialist family, company and insolvency advice may be required.

Debtors Living Abroad

Enforcing a financial order against someone living overseas can be more difficult.

The correct procedure depends on:

• the country involved;
• the type of order;
• where the debtor’s assets are located;
• international conventions;
• reciprocal enforcement arrangements; and
• the domestic law of the foreign jurisdiction.

Some maintenance orders can be transmitted through international enforcement arrangements. Lump-sum and property orders may require separate recognition or enforcement proceedings abroad.

Bankruptcy and Insolvency

Bankruptcy does not necessarily remove all obligations created by a divorce financial order.

The treatment of the debt will depend on whether it concerns:

• maintenance;
• a lump sum;
• costs;
• property adjustment;
• fraudulent conduct; or
• another type of obligation.

The interests of a trustee in bankruptcy may conflict with those of a former spouse seeking to enforce an order against property.

Specialist advice should be obtained immediately if bankruptcy is threatened or has already occurred.

Child Maintenance Is Different

Spousal maintenance and child maintenance are not the same.

Many child-maintenance cases are administered by the Child Maintenance Service rather than enforced through an ordinary divorce financial order.

The Child Maintenance Service has separate powers that may include:

• deductions from earnings;
• deductions from bank accounts;
• liability orders;
• enforcement against property;
• disqualification from driving;
• passport disqualification; and
• committal proceedings.

These powers do not automatically apply to unpaid spousal maintenance or lump sums ordered during divorce proceedings.

The Law Commission’s Proposed Reforms

The Law Commission published a report on enforcing family financial orders in December 2016.

It concluded that the available procedures were fragmented, complex and particularly difficult for people without legal representation.

Its recommendations included:

• consolidating the enforcement rules;
• providing clearer guidance;
• improving thecourt'ss ability to obtain financial information;
• making the debtor's financial position clearer at an early stage;
• strengthening enforcement against pensions and other assets;
• improving costs rules; and
• introducing additional sanctions for deliberate non-payment.

Passport and Driving-Licence Restrictions

The Law Commission recommended that courts should receive powers to disqualify a debtor from driving or prevent them from travelling internationally for up to 12 months.

These sanctions were intended for cases where the debtor:

• had the means to pay;
• deliberately refused to comply;
• had been allowed to explain their position; and
• could not be persuaded to comply through less restrictive measures.

The proposed travel restriction would have involved surrendering a passport rather than permanently removing a person's right to travel.

The Commission did not recommend a general curfew power.

Have the Travel-Ban Proposals Become Law?

No.

The courts do not currently have a general power to remove a passport or driving licence merely because someone has failed to comply with an ordinary divorce financial order.

Some similar sanctions exist within the separate child-maintenance enforcement system, but they should not be confused with the Law Commission's proposed family-court powers.

The Government initially decided to pursue procedural improvements before deciding whether primary legislation should introduce the new sanctions.

In February 2026, the Government confirmed that it is concentrating on wider reform of cohabitation and financial remedies on divorce. It said that it would consider whether further enforcement changes are required in the future.

What Reforms Have Been Introduced?

One procedural change took effect on 6 April 2023.

Where a creditor makes a general enforcement application asking the court to choose the appropriate remedy, the debtor must normally:

• complete a financial statement;
• provide the documents required by that statement;
• file the information with the court; and
• serve it on the applicant at least seven days before the first hearing.

This is intended to give the court and the creditor earlier information about the debtor's ability to pay and available assets.

Would a Passport Ban Guarantee Payment?

No sanction can guarantee that money will be recovered.

A passport or driving restriction might encourage a debtor with funds to comply, but it would not create money where the debtor genuinely lacked the means to pay.

In some cases, removing a driving licence could make payment less likely if the debtor needs to drive for work.

Any future sanction would need safeguards to ensure that it was:

• targeted at deliberate non-payment;
• proportionate;
• subject to judicial oversight;
• capable of being varied or lifted; and
• compatible with the debtor’s rights and earning capacity.

Can the Original Order Be Varied?

Some financial orders can be varied, while others are intended to be final.

Periodical-payment orders may normally be varied where there has been a significant change in circumstances.

Relevant changes might include:

• loss of employment;
• retirement;
• serious illness;
• a substantial change in income;
• new caring responsibilities;
• the recipient becoming financially independent;
• cohabitation; or
• another material change affecting needs or resources.

A lump-sum order payable immediately is usually much harder to vary.

A debtor should apply promptly rather than stop paying and wait for enforcement action.

Can Maintenance Arrears Be Remitted?

The court may have power to remit or reduce maintenance arrears in appropriate circumstances.

It may consider:

• the reason for non-payment;
• the debtor’s means;
• the recipient’s conduct;
• any agreement between the parties;
• the length of the delay;
• reliance on the expected payments; and
• the effect on children or other dependants.

Deliberately ignoring an order is very different from being temporarily unable to pay because of circumstances outside the debtor's control.

Costs of Enforcement

Enforcement proceedings involve court fees and may involve substantial legal costs.

The court can order the defaulting party to pay some or all of the creditor's costs where their conduct justifies it.

However, recovering a costs order may create the same practical problem as recovering the original debt if the debtor has no accessible assets.

The likely benefit of enforcement should therefore be weighed against its cost and prospects of recovery.

Do Not Use Children as Messengers

Disputes over maintenance or divorce settlements should not be conducted through children.

Parents should avoid asking a child to:

• request payment;
• carry financial documents;
• report on the other parent’s income or lifestyle;
• take sides in the dispute; or
• believe that missed payments are their fault.

Financial enforcement should be addressed through direct communication, solicitors or the court.

What Should the Recipient Do?

A person facing non-payment should:

• read the order carefully;
• calculate the arrears accurately;
• preserve bank statements and correspondence;
• ask for an explanation in writing;
• avoid agreeing permanent changes without advice;
• identify the debtor’s employer and assets where possible;
• act promptly; and
• obtain advice on the most effective enforcement method.

What Should the Payer Do?

A person who cannot comply should not simply ignore the order.

They should:

• obtain legal advice promptly;
• provide honest financial disclosure;
• make any affordable payment;
• explain the problem in writing;
• propose a realistic arrangement for arrears; and
• apply to vary the order where appropriate.

Hiding assets, giving false information or deliberately reducing income can make the position substantially worse.

How a Family Law Solicitor Can Help

A family law solicitor may assist with:

• calculating arrears;
• selecting the appropriate enforcement method;
• attachment of earnings applications;
• third-party debt orders;
• charging orders and orders for sale;
• judgment summonses;
• freezing injunctions;
• asset tracing;
• overseas enforcement;
• applications to vary maintenance;
• bankruptcy issues; and
• claims that assets have been concealed or transferred.

The Current Position

Failure to comply with a divorce financial order remains a serious matter, and the courts already have several enforcement powers.

In the most serious cases, deliberate refusal to pay despite having the means can lead to imprisonment.

However, the Law Commission's proposed passport and driving-licence restrictions have not been enacted.

The current emphasis remains on identifying the debtor's financial position and using the existing enforcement method best suited to their income and assets.

Finding a Family Law Solicitor

Use the search facility at the top of this page to find a family law solicitor experienced in divorce settlements, maintenance arrears and financial order enforcement.

Disclaimer

Solicitors.com is not a firm of solicitors. This article provides general information about enforcing family financial orders in England and Wales and does not constitute legal advice. Different procedures apply in Scotland and Northern Ireland, and the appropriate remedy will depend on the order and individual circumstances.

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