Enforcing a Lump Sum or Costs Order in Family Proceedings

REVIEWED BY: Sean McNamara on 2026-09-01

# Enforcing a Lump Sum or Costs Order in Family Proceedings

Winning a money order in family proceedings — a lump sum on divorce, a costs order, or a payment under a children-case costs provision — is not the same as getting paid. If the paying party does not comply, you may need to enforce. This guide explains your options in England and Wales.

First steps before enforcement

Give the payer the chance to pay. Write a clear letter setting out the sum due, the deadline, and what happens if it is not paid. Keep copies — they matter later for costs.
Check the order itself. Some orders include the payment date, interest provisions, or a facility for instalments. If instalments are agreed but stopped, the whole balance can often become due.
Watch the appeal window. It is usually sensible to wait until any period for appealing has expired before taking enforcement steps.

Enforcement options in the family court

The Family Procedure Rules 2010 (Part 37 and Practice Direction 37A) set out how family money orders are enforced. Depending on the circumstances, the court may:

Make a time for payment direction or extend/shorten payment deadlines
Order monthly instalments where appropriate
Use powers comparable to civil enforcement, including charging orders over property, an order for sale, attachment of earnings, or third party debt orders (freezing a debt owed to the payer, such as bank account funds)
In certain cases, where the paying party has deliberately refused to pay despite means, courts retain robust powers, which in extreme and exceptional circumstances have historically included committal for disobedience with the court's order

The court may also give directions for the payer to disclose their assets (bank statements, payslips, property details) so enforcement can be targeted.

Charging orders and orders for sale

A charging order secures the debt against the payer's property; the debt is then paid when the property is sold or remortgaged. An order for sale forces a sale, but courts move carefully here — especially where children live in the property — and will weigh the payer's circumstances and any exceptional hardship.

Interest and costs of enforcement

Interest may run on judgment debts in certain circumstances, and the court can deal with the costs of the enforcement proceedings themselves. Being the successful party does not guarantee recovery of enforcement costs, but bad-faith delay strengthens your position.

If the payer has no assets

Enforcement only works against real assets. If the payer genuinely has nothing, the court may order nominal or low instalments, and enforcement efforts pause until circumstances change. Orders remain enforceable until satisfied — a lump sum order does not usually expire.

Practical tips

Keep a precise record of what has been paid and when.
Respond quickly to any application the payer makes (for example, for time to pay).
Consider whether bankruptcy of the paying party helps or hinders — it brings its own rules and is rarely a first step.
Get advice before committal-style remedies: the threshold is high and the procedure strict.

Useful links

Family Procedure Rules 2010 (legislation.gov.uk): https://www.legislation.gov.uk/uksi/2010/2955
GOV.UK — enforcing a judgment: https://www.gov.uk/make-court-claim-for-money
Matrimonial Causes Act 1973: https://www.legislation.gov.uk/ukpga/1973/18
HM Courts & Tribunals Service: https://www.gov.uk/government/organisations/hm-courts-and-tribunals-service

Not legal advice

This is an independent information site, not a law firm. We accept no referral fees and nothing on this page is legal advice. Enforcement is procedural and mistakes are costly — consider advice from a regulated family lawyer or the court's Personal Support Unit equivalents before acting.

Content verified against the official HMCTS court directory, gov.uk forms and fees pages, and the professional body registers (SRA, FMC, Bar Council). Last reviewed September 2026.