Variation and Enforcement of Existing Orders

We always recommend that divorcing couples obtain an order within their divorce proceedings in order to record any financial matters agreed between them and to conclude their financial relationship as far as possible.  In a disputed case, it is still essential to have a financial order, albeit that, if the parties cannot agree, this may ultimately be decided by the Court.  It is often the case that such orders require implementation of certain tasks and it is our practice to ensure that any such requirements are dealt with before our involvement is concluded and your file is closed.

Many divorces will require either the sale or transfer of the former family home and it may be some time before that can be achieved.  If, for example, both parties have been ordered to sell the property and one party later refuses to sign any contract documentation, then 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 breach of the Order in question and the enforcement required.

In most orders, the only variable element will be that of maintenance.  Many divorcing couples will decide to build in annual increases in line with the Retail Prices Index, for example or perhaps increases in the paying party’s salary or even bonuses.  These arrangements therefore result in a self-varying order.  But, where there is a need to otherwise modify payments (for example where the paying party is made redundant or is no longer able to work for some other reason and cannot afford to pay at the existing rate, then we can assist with variation applications, whether contested or to be made by agreement.

Also, so far as maintenance (periodical payments) is concerned, we can advise as to your options for enforcement of payment if the paying party falls into arrears and/or refuses to reinstate payments at the required rate.

With Children Act orders (and generally  those relating to residence or contact arrangements) we can again assist with negotiation and preparation of a variation application.