The Law Commission Enforcement Report has been published today. The report considers how financial orders can be enforced and looks at ways to improve the current system. Enforcement of an order comes into play if an element of a financial order has not been complied with. For example, if a party has not paid a lump sum they were ordered to or they have stopped paying the periodical payments to their husband or wife that they were ordered to.

As this Daily Mail article states one part of the report recommends a number of ‘coercive orders’. Coercive orders act to apply pressure to the non-payee to obtain their compliance. The recommendations include the ability to disqualify a non-payee from driving, the ability to prohibit them from travelling outside the UK and curfew orders.

The Law Society has reservations. One of these reasons being the effect this will have on the parties continuing relationship as well as the effect these sanctions will have on livelihoods and dependants.

The focus on ex-husbands specifically in this Daily Mail article is frustrating. These enforcement methods, if brought in, would apply to whoever the non-paying party is regardless of gender.

You can find the report here.

http://www.lawcom.gov.uk/project/enforcement-of-family-financial-orders/