Enforcement of family financial orders in the spotlight

Current law governing the enforcement of family financial orders is 'hard to understand' and 'difficult to use', says the Law Commission.

Every year, thousands of separating couples apply to the courts for financial orders. However, under existing law, the courts can struggle to enforce the orders they make and court users can find the process 'bewildering', 'expensive', and 'distressing'.

In a new consultation, the Law Commission is seeking views on reforms that would simplify the law, making it easier for the courts, practitioners, and the public to use.

Commenting on the launch of the project, the law commissioner for property, family and trust law, Professor Elizabeth Cooke, said: 'The law governing the enforcement of family financial orders is hard to understand and difficult to use. When the courts cannot enforce family financial orders, it can lead to real hardship for former partners and children and place a huge burden on the state.

'We need to understand whether existing mechanisms for enforcement are working as well as they might, what other powers the courts might use to tackle non-payment, and how we can find better solutions for couples when one partner is able to pay but refuses to do so.'

In its consultation paper, the commission explores how existing mechanisms for enforcing compliance can be made more effective and also considers new ways to place pressure on those who refuse to meet their obligations.

The commission suggests reforms that would provide the courts and former partners with more useful information about the financial position of the party who has not complied.

The commission also makes proposals for information, support, and advice to be provided for members of the public affected by the enforcement of family financial orders.

The consultation is open from 11 March to 11 July 2015.