Financial Divorce order/ Requires enforcement

[Citadella25]

Hi all,

I divorced five years ago, but my ex-partner had failed to pay anything from his extra payment, and I am struggling to enforce this. I wondered if any other mums has experienced shortfalls of the already agreed FD orders where the other party failed to deliver?
I have started a campaign to change this through a Bill. The UK government had surveyed this December 2016 and assessed that there is a need for a change, however nothing has happened. I like to make aware of other mums that the FD orders need to be enforced, which is another costly process, and this should be changed. There is not enough awareness and I would appreciate your support! Thank You.

www.change.org/u/me?source_location=my_petitions_dropdown

www.change.org/u/me?source_location=my_petitions_dropdown

What’s an FD order?

It is a legal jargon for “Financial Divorce Order” under the matrimonial act of 1973. There are usually two orders made during the divorce if parties can not agree. One of them is the Financial Divorce order including the asset division and maintenance, and the order is dealing with children and visiting rights. Unfortunately the Financial Divorce order is not legally binding after 12 months and it is very hard to enforce if someone gets behind. Also, with the delays of Covid 19, if is not easy to enforce arrears beyond 12 month.

I’m not sure I understand this. I had a Final Order made during my divorce finalising the financial agreement and I had to enforce it a couple of years later and no mention was made of a time limit - my ex husband was not complying with one of the paragraphs and I made an application to court and it was resolved.

This is not my experience at all op

Are you sure accurate?

* Unfortunately the Financial Divorce order is not legally binding after 12 months and it is very hard to enforce if someone gets behind*

Not my experience at all op!

Perhaps if your Order is so appallingly constructed that it doesn’t specify dates!

Mine says things like
X will pay x until youngest is 18

Yes it is from my experience and I will link a GOV survey which had been conducted in Dec 2016 for reference. If your ex pays it is great, but sadly not everyone is the same. www.gov.uk/government/publications/enforcement-of-family-financial-orders

Have you actually read that 355 page gov document op?

If so, would be great to actually reference the specific point you are referring to.

If indeed you’re actually serious about progressing this

This is from the survey; which clearly states that there were 28% of orders needed to be enforced in 2016. NOTHING happened! Sorry shocking. 😱
1.22 The same data from the Central Family Court indicate that 28% of enforcement applications conclude without an enforcement order being made. Please sign my petition and share we need to make a change on where ever media you can… 🙏 🤗🤗

No I won’t

It’s not we’ll thought out or researched at all

Have you actually applied to court to get it enforced as is usual process?

Do you know he's in a position to be able to pay? Eg has a wage. And fixed address? I've had court orders regarding money my ex owes me, he's never paid but there's no way of making it inforceable.

I had several disclosure orders over the last 3 years court hearings. Unfortunately my X did not comply. He has refused to sign the house over, and refused to reduce the outstanding mortgage from his awards as per order. The court did nothing and refused to award my D11 and D40K. Now, I had been ordered to pay the mortgage 20x of my salary which is 20K. Since last week one of my social media account had been shut down, because I have dared to raise this with someone high up. R has signed this Gov document, but decided in 2016 not to make a decision on it. I am guessing barristers and lawyers need the job. No idea why any mortgage company will need clearance from the employees while a maintenance which could be paid for 18 years does not deserve a same treatment! This puzzles me…the maintenance should be backed up by the government and income should be declared by a third party (HMRC or employers). Ladies we have to fight for this to make it fairer.