ENGLAND & WALES Law and Practice Contributed by: Jeremy Levison, Miranda Green and Alexander Bartlett, Levison Meltzer Pigott
it pales in comparison to the financial provision that might be made available on divorce. 2.7 Enforcement of Financial Orders Methods of Enforcement If a party fails to comply with a financial order, an application for enforcement can be made to the court. An applicant can specify the method of enforcement which is sought or leave the method open to the court. The court can require a respondent to give evidence about their financial circumstances to determine the factual background to any breach, and make a num ‑ ber of different types of orders in seeking to compel compliance, including: • that money is deducted directly from someone’s income; • that someone’s property should be sold or charged such that the property may not be sold without making payment; • that money held on their behalf, for example by a bank, should be paid directly to the applicant by that third party; • that a court bailiff take control of a person’s prop ‑ erty; and • ultimately, a court can send a respondent to prison for contempt of court, though this is not a power exercised lightly. Enforcement of International Orders The enforcement of international orders is a dense and complex area of the law with overlapping provisions of international agreements and common law principles. The first question is whether the order was made by a jurisdiction under a treaty to which both the UK and that other jurisdiction are signatories, and whether the nature of the enforcement sought is provided for under that agreement. In such circumstances it will be a matter of applying the terms of the relevant treaty. More broadly, the courts of England and Wales will be able to enforce orders made by a foreign court provided that: • the foreign court is competent, and the order was made subject to certain safeguards; • the judgment is for a definite sum of money; and
• the order is final and conclusive, including the expiry of any periods of appeal. It may also be possible to make an application for a mirror order under a Part III application (see 2.1 Choice of Jurisdiction in Financial Proceedings ), providing that the relevant eligibility criteria are satisfied. 2.8 Media Access and Transparency in Financial Proceedings Transparency within the family court system has been a topic of significant recent interest and consultation. In October 2021, the President of the Family Division published a report which concluded that a “major shift in culture and process” was required to improve public access and transparency. Various pilot schemes were trialled and have been progressively expanded across the court system. The aim is to improve public confi ‑ dence in the family justice system. From January 2025, accredited journalists and legal bloggers have been entitled to attend court and to report on proceedings, provided that a transparency order is granted by the presiding judge. There is a pre ‑ sumption that a transparency order shall be granted and shall protect the anonymity of the children and parties unless there is a legitimate reason otherwise. It is a matter of the court’s discretion, rather than a decision of the parties, as to whether details of a case are required to be anonymised, though there is a pre ‑ Alternative Dispute Resolution, now known as Non- Court Dispute Resolution (NCDR) encompasses a wide range of alternatives to a traditional court pro ‑ cess. These can be relatively minor departures such as attending private versions of court hearings, or more radical; the most common example of an alternative setting is that of mediation. The courts are increas ‑ ingly encouraging parties to consider alternatives and solicitors will advise clients on which (if any) of the options may be suitable for them. Parties are procedurally required, unless exceptional circumstances apply, to attend a meeting at which sumption that this will be ordered. 2.9 ADR in Financial Matters ADR/NCDR
117 CHAMBERS.COM
Powered by FlippingBook