Law Commission consultation on the enforcement of family financial orders - Law Society response
10 August 2015
The current mechanisms for the enforcement of family financial orders are set out in a disparate range of legislation and court rules. Publicly accessible information on how family financial orders can be enforced is hard to find and not clearly expressed.
We agree with the Law Commission that streamlining procedures would make the system easier to navigate. It should be simpler for the court and the creditor to access the debtor's financial information. The onus to justify why an order cannot be fulfilled should clearly be the responsibility of the debtor.
Our response proposes a number of ways in which the system can be improved. Our main recommendations are:
- The enforcement process should be made easy and accessible so that creditors have the best possible chance of recovering monies owed.
- The Law Commission should consider how far the process for enforcing a standard court claim, including the use of High Court enforcement officers, could be applied in the enforcement of family financial orders.
- We do not agree that coercive measures should be introduced without first seeing whether enforcement can be improved by making the existing remedies easier to use.
For a more detailed view of the Law Society's response to this consultation, please read our full response below.