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Enforcement of Family Financial Orders

The Law Commission has issued a report recommending reform of the law in relation to enforcing Family Financial Orders.  The recommendation suggests consolidation of existing Rules and amongst other things guidance for the increasing number of litigants in person.
Non-compliance with Family Financial Orders is a real problem and it has been estimated that there are some 4,200 enforcement cases in this area each year.  If you are one of those caught up in trying to enforce such an Order then you will be fully aware as to how frustrating it can be when dealing with someone who will not comply with a Court Order.
There are many people who do not take action to get what they are owed under a Family Financial Order because perhaps they feel they cannot afford legal representation or because they do not understand the system or, which is of more concern, because they basically think that any action to enforce will achieve nothing.
The main recommendations include the following:
1. That the law be simplified, that existing rules be consolidated and that a more accessible route to recovery is put in place.
2. That more guidance is given to litigants in person.
3. That there be a new and more efficient procedure for the general enforcement application.
4. The creation of a new enforcement Practice Direction that provides a details statement of what the procedure is.
Most solicitors who work in this area will welcome these recommendations.  Enforcing such Orders can be challenging for experienced family lawyers let alone a litigant in person.  A more effective system must be a positive way forward and therefore it is hoped that the recommendations of the Law Commission will be adopted sooner rather than later.