Solicitors for Financial Enforcement Order
Breakthrough Solicitors provides expert advice on enforcement of financial orders.
You don’t have to navigate this alone—start with a straightforward, free initial consultation with a family lawyer to understand your options.
Owner of Breakthrough Solicitors
Solicitor & Mediator
Father of Two
Why choose Breakthrough Solicitors to enforce a financial order?
A Financial Order is a legally binding document issued by the court during a divorce or dissolution to settle the division of assets like property, pensions, and savings.
While these orders are intended to be final, they require legal action if a party fails to comply—for example, by refusing to sign house sale papers or stopping maintenance payments—or if a significant change, such as redundancy, makes the original terms impossible to meet.
Whether it’s matters such as securing a withheld payment or defending against an enforcement claim, our specialist solicitors provide clear guidance needed to resolve the dispute.
At Breakthrough Solicitors, we focus on practical, solution-led advice to help ensure your financial settlement is upheld or adjusted fairly to match your current circumstances.
Why Choose Breakthrough Solicitors?
- Transparent and trusted: Our positive client feedback reflects our professionalism, responsiveness, and client-focused approach during sensitive family law matters.
- Experienced team: Our financial enforcement order solicitors can help you in a number of areas, including: securing unpaid maintenance, forcing the sale of property and defending against enforcement claims. Our team of family law solicitors has 20+ years combined experience in the practice area.
- Practical, constructive approach: We focus on negotiation and alternative dispute resolution (ADR) wherever possible, helping you reach agreement without unnecessary conflict, court proceedings, or expense.
- Serving clients across England and Wales: We work with clients nationwide. Some meet us remotely, while others visit our offices in Buckinghamshire, Berkshire, Hertfordshire, Middlesex, and London.
- Multiple languages: Concise, jargon free and pragmatic legal advice in English, Hindi, Gujarati and Cantonese.
- Convenient meeting times: Flexible appointments:
- Monday – Friday: 8am – 8pm
- Saturday: 9am – 6pm
- Sunday: 11am – 5pm
Speak to a family law solicitor today!
Owner of Breakthrough Solicitors
Solicitor & Mediator
Father of Two
How Breakthrough Solicitors handle your financial enforcement order matter
Our structured process is designed to resolve financial disputes efficiently, providing clarity on your legal standing and the most practical path to compliance or resolution
Our process:
- Initial Consultation: We take time to review your existing court order and the details of the non-compliance or changed circumstances.
- Formal Correspondence: In many cases, a “Letter Before Action” or a formal response can secure compliance or a resolution without court intervention.
- Independent legal advice: Both parties should have their own solicitors. We work efficiently with your partner’s lawyer to ensure the agreement is fair and balanced.
- Court Applications: If negotiation fails, we handle the formal filing of applications—whether to enforce terms (such as Attachment of Earnings) or to defend against them by seeking to Vary the Order. We provide robust representation for both applicants and respondents at all court hearings.
- Final Resolution: Our goal is to see the dispute resolved and the final financial terms implemented. Once compliance is achieved or the order is successfully varied, we can advise you further on protecting your interests long-term.
Preparing your financial enforcement order with a strong legal strategy
Success in enforcement or defence relies on clear evidence and early preparation. Whether you are proving that a former partner is deliberately withholding funds or demonstrating that you are genuinely unable to meet an order, the court’s decision will depend on the clarity and strength of the information provided.
Key steps in establishing your position include:
- Evidence of Non-Compliance: For those seeking to enforce an order, we help document missed payments, stalled property sales, or failures to transfer assets to build a clear case for court intervention.
- Demonstrating Changed Circumstances: For those defending an application, we assist in gathering evidence of redundancy, medical issues, or market shifts to show the court why the original order is no longer workable.
- Financial Disclosure: Information Orders help uncover hidden assets or verify a party’s true financial position, ensuring the court has a transparent view of the situation.
- Property Valuations and Market Data: If a house isn’t selling, evidence from estate agents and market trends to show whether a party is obstructing the sale or if the delay is due to external factors.
- Tracing Payments: We help reconcile bank statements and payment histories to provide an accurate account of what has been paid and what remains outstanding.
- Preparing for “Variation” Hearings: If an order must be changed, we structure your financial arguments to meet the court’s legal tests, aiming for a new arrangement that is fair and sustainable for both sides.
Our financial enforcement order solicitors focus on proactive preparation to help you present your side of the argument and reach a fair conclusion, given the new set of circumstances.
Your Rights and Options in Enforcement and Defence
A Financial Order is a mandatory legal requirement, not a choice. When a party fails to follow these terms, or when a change in circumstances makes the “letter of the law” impossible to fulfil, the court provides specific powers to either compel compliance or adjust the order to remain fair.
Understanding your strategic options—from compelling payment to applying to vary an order—is essential for maintaining financial security. At Breakthrough Solicitors, we guide you through all key areas, including:
- Compelling Payment via Attachment of Earnings: For those owed money from their former partner
- Third-Party Debt Orders: Where a former partner is owed money by a third party — such as funds held in a bank account or rental income due
- Overriding Obstruction in Property Sales: If a party refuses to sign papers or cooperate with a sale
- Defending via “Variation of Orders”: If you are facing enforcement but are legally unable to meet the terms (e.g., due to redundancy or long-term illness)
- Securing Debt with Charging Orders: Securing an unpaid debt against the other party’s share of property
- Financial Transparency: We can compel a party to attend court and provide a sworn account of their finances
- Negotiated Consent Orders: Use of solicitor-led negotiation to agree on a revised, workable timetable.
Speak to a family law solicitor today!
Owner of Breakthrough Solicitors
Solicitor & Mediator
Father of Two
How to start your enforcement action or defence of a financial order with Breakthrough Solicitors
Navigating the enforcement or defence of a financial order requires a clear plan to protect your interests, whether you are seeking to secure a court-ordered payment or responding to a claim.
In many cases, the court will also order the non-compliant party to meet your legal costs, meaning enforcement action need not come at your expense.
At Breakthrough Solicitors, we provide the practical framework and expert advice needed to ensure your financial settlement is upheld or adjusted fairly according to the law.
Our simple process:
- Get in touch: Contact us by phone, email, or online enquiry form.
- Free initial consultation (up to 30 minutes): Speak with an experienced family solicitor, understand your options, and ask questions — with no obligation.
- Fixed-fee one-hour meeting – £295 (incl. VAT): Meet with Akash Soni and a member of his team to discuss your case in detail, understand how the law applies to you, and receive a tailored strategy. (We’ll ask for documents in advance for KYC and AML checks.)
- Formal instruction: If you choose to proceed, we will send you a client care letter and request a deposit (usually £500, depending on complexity).
- Ongoing support: We take action on your behalf, negotiate where possible, and represent you where required — keeping you informed at every step.
Flexible Support That Fits Around You
✓ Remote or Face-to-Face Meetings
We offer meetings remotely via video call, or in person at our offices in Amersham, Beaconsfield, Berkhamsted, Chesham, Chorleywood, Gerrards Cross, Harrow, High Wycombe, Mayfair, Milton Keynes, Rickmansworth or The Chalfonts — whichever suits you best.
✓ Advice In Multiple Languages
Support available in English, Cantonese, Hindi, and Gujarati.
✓ Extended Working Hours
Speak to us 7 days a week, including evenings and weekends.
Speak to a family law solicitor today!
Owner of Breakthrough Solicitors
Solicitor & Mediator
Father of Two
Frequently Asked Questions About Enforcement of Financial Orders
What are financial orders?
Financial Orders are orders made by a judge to deal with the financial provision and distribution of assets following a divorce or dissolution of a civil partnership.
How can you obtain a financial order?
You can obtain a financial order, by agreeing your financial arrangements with your spouse or civil partner and formalising the terms in a legally binding financial Consent Order, by inviting the court to accept it.
You can submit a financial Consent Order request to the court yourself, but a solicitor should draft it since the court needs it to have been drawn up in a particular way.
Alternatively, if you are unable to come to an agreement in relation to the financial arrangements, you can obtain a financial order by making an application to the court for a Financial Remedy Order.
During these proceedings the court helps to decide and makes an order on the division of the assets and financial provision to be provided. The court can make a financial order once it has issued your conditional order (formally decree nisi) in the divorce or dissolution of civil partnership.
The financial order becomes effective once the court has issued your final order (formally decree absolute) in the divorce or dissolution of civil partnership.
How do you enforce a financial court order?
If a financial order is breached, it does not automatically trigger a penalty; the “aggrieved” party must take action. The most common route is to file a D11 application with the court to report the non-compliance.
Once the court confirms a breach has occurred, you can either ask for a specific enforcement method (such as a house sale or wage deduction) or ask the court to decide the most appropriate way to ensure the order is fulfilled. In many cases, a hearing is scheduled where the person who hasn’t complied must attend court, provide financial documents, and answer questions under oath.
However, it is important to note that the court will always look at why the breach happened. While the D11 is a powerful tool for prosecution, it also gives the other party an opportunity to explain their position—as there may be genuine, unforeseen reasons why they could not comply (see next FAQ).
Can an order be enforced if there are genuine reasons for non-compliance?
If a party genuinely cannot comply—for instance, due to a sudden job loss, serious illness, or a collapsed property sale—the court is unlikely to impose harsh penalties like fines or imprisonment. However, the order doesn’t simply “go away.”
- For the Respondent (Defending): If you truly cannot meet the terms, you must proactively apply to Vary the Order or “stay” (pause) enforcement. You will need to provide “full and frank” disclosure of your finances to prove your situation has changed.
- For the Applicant (Enforcing): If your ex-partner claims they cannot pay, the court will often order an Information Order. This forces them to attend court under oath and produce bank statements and pay slips.
Do I need a solicitor to enforce or defend a financial order?
While you are not legally required to hire a solicitor, the procedure for enforcement is highly technical and involves complex court forms like the D11. If an application is filed incorrectly or a defence is poorly presented, the court may dismiss the case or, worse, order you to pay the other party’s legal costs.
Our financial enforcement order solicitors can help you draft complex forms and guide you through the process. Speak to one of our specialists today.
How could non-payment of maintenance be enforced?
In such circumstances, it may be possible to apply for an attachment of earning order, that is an order that money from a person’s wages is paid direct from that person’s employer to the person who is owed the money.
In other cases, it may be possible to seek an order putting a ‘freeze’ on the non-payer’s assets so that he/she cannot operate until they comply with their obligations. It may also be possible for interest to be claimed on maintenance arrears.
Is there a time limit for enforcing a financial order?
While most parts of a financial order can be enforced at any time, there is a 12-month rule for maintenance arrears. If you wait longer than a year to claim unpaid maintenance, you will need special permission from the court, which is not always granted. Prompt action is usually recommended.
How could non-payment of a lump sum be enforced?
If, for example, you are owed a lump sum of money and your former partner owns a property, you can seek a Charge over the property (similar to a mortgage).
This would mean that the money is paid to you when the property is sold if it is not paid by then; and/or, you can request the court that the property be sold and the proceeds are paid to you.
How could a sale or transfer of property be enforced?
If, for instance, the family home was ordered to be sold and your ex-partner still living in the house is not cooperating with the sale, the court can allow you to deal with the sale on your own and order your former partner to leave the property.
Where there is to be a transfer of the property to you and your ex-partner refuses to sign the conveyancing transfer documents to allow this to take effect, the court can sign the relevant documents on your ex-partner behalf.
What happens in the free consultation?
A 30-minute, no-obligation call where you discuss your situation and options with an experienced family solicitor.
What is the fixed fee meeting?
A one-hour advice session costing £295 (including VAT), where we provide tailored legal advice and a clear strategy going forward.