Consent orders are crucial for making financial agreements legally binding after a divorce. Without a consent order, informal agreements can be changed by either party, leading to significant consequences.
Once a judge approves a consent order, both parties are bound by its terms. Failing to comply with a consent order could result in a breach.
If you believe your former partner has breached a consent order, there are options available to you.
To understand how a consent order operates and your legal standing, it’s important to discuss your situation with a specialist family law solicitor. Our family law solicitors can offer expert guidance on consent orders and financial settlements.
Can a consent order be breached?
Indeed, it is possible for either party to breach the terms of a consent order. The nature of the breach depends on the specific terms agreed upon. For instance, a common breach might occur if one party fails to fulfil their spousal maintenance obligations as stipulated in the order.
What happens if a consent order is breached?
In the event of a breach of a consent order, resolving the issue through a voluntary agreement is often the initial approach. Sometimes, breaches can be easily explained and rectified, such as in cases of administrative errors leading to late payments.
For more serious or repeated breaches, issuing a formal notice in the form of a letter detailing the breach and allowing the ex-partner to address the issue is advisable. If voluntary resolution fails, the next course of action would involve applying to the court to enforce the order and remedy the breach.
How can I remedy a breach of a consent order?
When seeking to enforce a consent order, you will need to outline the breach to the court, allowing the court to determine the appropriate enforcement method.
If the court confirms a breach, several enforcement measures can be imposed on your former partner. Examples of enforcement options for breach of a consent order include:
- Attachment of earnings order: The court directs that a specific sum be taken directly from your former partner’s wages
- Charging order: Any outstanding payments are secured against property owned by your former partner (and in some cases, the court can make an order for its sale)
- Warrant of execution: Possessions can be seized by bailiffs to ensure that payments are made as per the terms of the consent order
- Third-party debt orders: The court can order that money owed to your former partner be paid to you to cover money owed (usually from banks or building societies)
- Judgement summons: Failing to comply with a consent order can be a contempt of court. In extreme cases, the court can commit the person to prison for persistent non-payment.
- Signing of documents: Where a signature is needed for example, to transfer property or release funds, the court can intervene to provide this
Will a breach of a consent order always be enforced?
It’s not automatic. If the court finds a reasonable explanation for the breach of the consent order, they may choose not to pursue enforcement action. This underscores the importance of consulting with legal experts before going to court, as it can streamline the process and lead to a quicker resolution.
Our family law solicitors are here to help
Knowing what steps to take when you suspect a breach of a consent order can be challenging. To ensure you’re informed about your options and taking the best course of action, it’s crucial to seek expert legal advice promptly.
At DLS Solicitors, our team is dedicated to providing personalised guidance on consent order matters, making the process as straightforward and stress-free as possible for you.
