Existing Orders and Agreements

When a divorced or separated couple have come to a financial agreement or there is a Court Order in place, their arrangements may need to be reviewed or enforced. Sometimes one party may, for example, refuse to pay or not be able to pay maintenance as they have been ordered to.

Making sure things get done

We always recommend that divorcing couples obtain a court order within their divorce proceedings, in order to:

  • Record any financial matters agreed between them
  • Conclude their financial relationship as far as possible.

These orders often require implementation of certain tasks. We always try to ensure that any such requirements are dealt with before our involvement is concluded and your file is closed. For instance, many divorces require the sale or transfer of the former family home. Occasionally there can be problems with making this happen. For example: both parties are ordered to sell the property and one party later refuses to sign the contract documentation. We can seek to enforce the original Order and ask the Court to sign the necessary paperwork to allow the sale to proceed. 

Other options are available depending upon the:

  • The nature of the breach of the Order in question
  • The type of enforcement required

All about maintenance (periodical payments)

In most orders, the only variable element will be maintenance (periodical payments). Where there is a need to modify payments up or down, then we can assist with a variation application, whether contested or to be made by agreement.

This may happen, for example: if the paying party is made redundant, or is no longer able to work and cannot continue to pay at the existing rate.

Help with late/ non-payment of maintenance

We can also advise on your payment enforcement options if the paying party falls into arrears and/or refuses to continue payments at the required rate.

How we can help with Children Act Orders

With Court Orders relating to arrangements for children, we can assist with negotiation and preparation of a variation application. We can also pursue enforcement measures where one party is in breach of an Order previously made by the Court.

Getting in touch

Do you have concerns as to the variation or breach of any existing order? Please contact us and we will advise as to your best available remedies.

For more information please email Patrick Mulcare pmulcare@se-law.co.uk or Gemma Davison gdavison@se-law.co.uk. Alternatively you can contact us by telephone on 01295 204000.