Enforcement Abroad

Received a Financial Order and unclear what happens next? How can you ensure Financial Orders are enforced?

Once you have formally separated, dissolved a civil partnership or obtained your divorce, you should have a financial order in place. It may have been a long journey but hopefully everything is now resolved and you’re ready to continue with your life.

It may be the case, however, that you haven’t received the money, property, or pension you’re due, and your maintenance payments have not been forthcoming. How can you ensure that you receive the financial provisions you’re entitled to under the terms of the financial order?

In many cases the final financial order does end disputes and litigation; payments are made and each party can move forward. Unfortunately however, the paying party simply may refuse to pay or to transfer the money or assets they are obliged to. Thankfully the English Family Courts have robust powers and can ensure parties comply with Court orders and financial obligations, both at home and abroad.

In England and Wales there are a number of streamlined enforcement routes available which will be discussed below under Domestic Enforcement. There are also ways to enforce orders made in other UK jurisdictions (including Scotland and Northern Ireland) or overseas.

UK Orders

Under the Maintenance Orders Act (1950) or Civil Jurisdiction and Judgments Act (1982), financial orders made in other UK jurisdictions can be registered and enforced in England.

An application order to the English Court, from, for example Scotland can be registered in England. Under Domestic Enforcement, orders are enforced as though they were made in England.

Overseas Maintenance Orders

Following EU Maintenance Regulation, maintenance orders made in EU member countries before 11pm on 31st December 2020 are automatically recognised and enforced in England. This regulation has remained in place post-Brexit.

Property and Other Orders Made Overseas

Unlike with maintenance orders, this process is less straightforward. However there are several international instruments in place to facilitate the transfer and enforcement of overseas financial obligations. These include domestic legislation, in the form of the Married Women’s Property Act (1882), the Matrimonial & Family Proceedings Act (1984), and the Trusts of Land & Appointment of Trustees Act (1996).

If you are required to recieve a lump sum, convey a property in England or Wales, or transfer a pension, there is generally a mechanism which ensures you receive the money or assets you are entitled to.  It’s up to us as specialist family lawyers to guide you to the best way to achieve success for your family.

Before you commence enforcement, always seek specialist advice. Aramas International Lawyers can help you draft your overseas order correcty which will give you the best chance of getting it enforced in England.

Domestic Enforcement

It’s possible to ensure payments via the English Family Court regardless of whether your order is English, UK or overseas, in the following ways:

• Through An Attachment of Earnings Order which re-directs a portion of the payer’s income to you by firstly directing it to their employer.
• As previously, a Third Party Debt order can be directed at a party other than the payer. This dictates that this third party pays you the funds owed by the paying party. An order can be directed for example to the payer’s bank.
• An order that directs bailiffs to seize money or assets from the payer to be used for payment.
• Charges can be applied to the payer’s property to ensure that, if it is sold or re-mortgaged, you will be paid;
• A judgment summons. This can lead to the payer going to prison for continuing to ignore their financial obligations.

In addition to these main routes to enforcement, the Court has wider powers to ensure that payment is made.

Enforcing English Orders Overseas

When you need to enforce your English Family Court Order overseas, there are a variety of options open to you.

It’s more difficult to enforce English orders that relate to lump sums or property than to orders that relate to maintenance. It is possible however. As in Van den Boogaard v Laumen (1997) 2 FLR 399, property adjustment and lump sum orders are enforceable under the EU Maintenance Regulation if the order aims to meet a party’s needs.

Despite this, in practice, it is extremely difficult to enforce English orders against a foreign property or enforce lump sum payments. Local courts have the jurisdiction to decide whether an English Order should be enforced (where no reciprocal arrangements apply). Before deciding to proceed with a settlement or lump sum payment order by an overseas party, this uncertainty should be taken into consideration.

The long-running case of Akhmedova v Akhmedov, illustrates how difficult to enforce English order abroad. This involves a wife who has been fighting for her financial order to be enforced since December 2016. Despite being ordered to pay his wife £453,576,152 to settle her financial claims, the husband has declined to voluntarily pay her any funds.

The wife initially filed enforcement proceedings in the UK to seize her husband’s assets, claiming the Dubai Court had a duty to uphold the UK ruling and seize her husband’s superyacht. During the enforcement proceedings the superyacht was seized and the Dubai International Financial Centre (DIFC) placed a freezing order on it. However the Dubai Court of Appeal subsequently dismissed the wife’s claim.

In August 2020, the Dubai Court of Cassation upheld the ruling that the wife’s English order is unenforceable in Dubai, since it violates Islamic Sharia, United Arab Emirates Personal Status Law, and public policy.

This case illustrates the need for careful consideration as regards the likelihood of English orders being enforced internationally.

Our specialists can get you started with this process, help you navigate your options, and put you in touch with an overseas lawyer.