Family Solicitors welcome Court for tougher enforcement powers.
The Law Commission has called for a cultural change to ensure Family Financial Orders are enforced more effectively, estimating that millions of pounds go unpaid every year as a result of none compliance.
Family Financial Orders are an important yet overlooked area of law, the Commission says, publishing a series of recommendations for the Government to consider.
Such Orders are made typically on the ending of a marriage or Civil Partnership, that require payment of money, or the transfer of property, between the former spouses or Civil partners. They can also be made between parents for the benefit of children.
The Commission found that people tend to think the process is over once a Family Financial Order has been made.
Enforcement of an Order is unlikely to be at the fore front of people’s minds. There is an expectation that people comply with Court Orders it says.
Recommendations to improve enforcement include making three types of assets more accessible to the Court to discharge the debt, the Debtor’s Pension, funds held in joint accounts and money that will become payable to the debtor in future.
More effective coercive Orders are also recommended to address, for instance, individuals who do not want to pay and may re-arrange their finances in such a way that make direct enforcement methods unworkable.
It has already been reported that the Courts are being recommended to disqualify debtors from driving or ban them from travelling out of the UK.
If you do not wish to fall foul of these Orders, please come and see one of our expert financial Solicitors at Ringrose Law, based at any of our offices in Boston, Lincoln, Sleaford, Spalding, Newark or Grantham.