The Government legal advisers suggested that those who refuse to pay the financial settlements they owe their former partner should be banned from driving, travelling abroad and given court-enforced curfews. They also recommended that specially-appointed judges should also have the power to order HM Revenue and Customs and banks to tell the courts how much money the former partner earns.
Professor Elizabeth Cooke, Law Commissioner for property, family and trust law has said:
‘The law governing the enforcement of family financial orders is hard to understand and difficult to use. When the courts cannot enforce family financial orders, it can lead to real hardship for former partners and children and place a huge burden on the state.’
In its consultation, which is opening today, the Law Commission is seeking views on options for reform and the ways in which existing mechanisms for enforcing compliance can be made more effective and will also consider new mechanisms that might be used which would bring pressure on those who refuse to meet their obligations under a financial order and act as a greater deterrent. The Law Commission believe that the threat of sanctions such as driving bans and curfews may be enough in many cases to encourage compliance.
The consultation will close on 11th July 2015 and the consultation paper is available to view here: http://lawcommission.justice.gov.uk/consultations/enforcement_family_financial_orders.htm