The Government has agreed to improve the enforcement of financial orders, in response to a Law Commission report.<\/p>\n
Courts can make these orders, which mean that one spouse or civil partner must pay money or transfer property to the other after a relationship breaks down.<\/p>\n
But in 2016 a report by the Law Commission found that the law in this area was too complicated, sometimes ineffective, and that orders fairly awarded by the courts were not always complied with as a result.<\/p>\n
Failure to recover money awarded can lead to significant hardship both for former spouses and their children.<\/p>\n
Now in a letter to the Commission<\/a>, Justice Minister Lucy Frazer has said the Government will bring forward non-legislative measures to improve the enforcement system, whilst considering further reform in the future.<\/p>\n Law Commissioner Professor Nick Hopkins said:<\/p>\n \u201cIf a court decides that a former partner or children are deserving of financial support, it\u2019s not for a debtor to act or do otherwise.<\/p>\n \u201cThese reforms will help to prevent serious hardship that some face when debtors refuse to pay, and I\u2019m pleased Government is taking action to help those most in need.\u201d<\/p>\n Each year thousands of separating couples apply to the courts for financial orders. These are payments which a court decides partners must pay to one another, to support an ex-partner for example.<\/p>\n Sometimes these orders are not complied with. The law of enforcement of family financial orders is a complicated area, contained in a range of legislation and court rules.<\/p>\n It can then be difficult for parties, particularly individuals who do not have legal representation, to recover the money they are owed. There are four key problems with the current law in mind:<\/p>\n Following calls for reform by the Law Commission, the Government has now agreed to explore amendments to the Family Procedure Rules 2010 and operational procedures to:<\/p>\n Other reforms suggested by the Law Commission are still under consideration by the government. They include:<\/p>\n The Enforcement of Family Financial Orders<\/a> report was published on 15 December 2018.<\/p>\n Download the letter from Justice Minister Lucy Frazer.<\/a><\/p>\n Download the Law Commission\u2019s reply.<\/a><\/p>\n<\/p><\/div>\nThe problem with enforcement of financial orders<\/strong><\/h3>\n
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Government action now<\/strong><\/h3>\n
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Further reform potential<\/strong><\/h3>\n
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More information<\/strong><\/h3>\n
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