How to Enforce a Consent Order in the UK (Step-by-Step Guide)

Fact checked by Jess Knauf, Co-founder, Family Law Service, March 2026

image showing a women not receiving payment as per agreement and deciding to enforce a consent order instead.

Key Takeaways

  • A consent order is legally binding once approved by the court, and your ex-partner must comply with its terms.
  • Before going back to court, it is worth trying to resolve the issue directly in writing first.
  • If informal steps fail, you can apply to the family court using Form D11 to enforce a consent order.
  • The court has several enforcement tools available, including attachment of earnings, charging orders, and warrant of control.
  • In serious cases, deliberately ignoring a court order can amount to contempt of court, which can result in fines or imprisonment.
  • Getting legal advice is sensible if the sums involved are large, or if your ex-partner is contesting the enforcement.

A consent order is a legally binding document, approved by the court, that sets out exactly what each person must do following a divorce or separation. So when your ex-partner stops paying maintenance, refuses to transfer property, or simply ignores the agreed terms, it can feel as though the whole process was for nothing. The good news is that enforcing a consent order is entirely possible, and the family court has a range of tools to help you get what you are owed. This guide explains exactly how the consent order enforcement process works, step by step.

What Does It Mean to Enforce a Consent Order?

When the court approves a consent order, both parties are legally obliged to follow it. If one person fails to comply, the other can return to court and ask it to force compliance. This is known as enforcement of a consent order. Common reasons people need to enforce a financial consent order include:

Whatever the breach, you do have legal options. The key is acting promptly and following the right steps.

Step 1: Try to Resolve Things Directly First

Before making a court application, it is worth making a direct approach. Write to your ex-partner, by email or letter, clearly explaining what they have failed to do and requesting compliance by a specific date. Keep a copy of everything you send. This step matters for two reasons. First, sometimes people fall behind on payments or miss a deadline for genuinely understandable reasons, such as financial difficulty or confusion over the order’s terms. A polite but assured written request is sometimes all it takes. Second, if you do end up back in court, having evidence that you tried to resolve the matter informally will reflect well on you and show the judge you acted reasonably.

“We often see clients who have been waiting months before seeking help with enforcement. The sooner you take action and document everything in writing, the stronger your position tends to be. Courts appreciate people who have made a genuine effort to sort things out before applying.” — Jess Knauf, Director of Client Strategy at Mediate UK

Step 2: Apply to the Family Court for Enforcement

If your ex-partner still will not comply, the next step is to make a formal court application to enforce a consent order. You will usually need to complete Form D11, which is the standard application form for financial order enforcement in the family court. You can download Form D11 from the GOV.UK website. A court fee will also apply, though you may be eligible for a fee remission if you are on a low income. When completing your application, be clear about:

  • Exactly what the consent order required the other party to do
  • What has not been done, and for how long
  • What specific action you are asking the court to take
  • Any evidence you have of the breach, such as bank statements or correspondence

Ready to get your consent order sorted?

Purchase your clean break consent order for just £499. Buy with confidence, knowing you are in trusted, professional hands.

Get Your Consent Order →

What Can the Court Do to Enforce a Consent Order?

The family court has several consent order enforcement options available, and the right one will depend on what has been breached.

Enforcing Unpaid Maintenance or Lump Sum Payments

If your ex owes you money under the terms of the consent order, the court can use one or more of the following tools:

  • Attachment of earnings order: Money is deducted directly from your ex-partner’s salary by their employer before they even receive it.
  • Charging order: A legal charge is placed on your ex-partner’s property. When the property is sold, you receive the money owed to you from the proceeds.
  • Warrant of control: Court-appointed enforcement agents (sometimes called bailiffs) can seize and sell your ex-partner’s belongings to cover the debt.
  • Third party debt order: The court can order money to be taken directly from your ex-partner’s bank account.

Enforcing a Property Transfer

If a property was supposed to be transferred into your name but your ex-partner has refused to sign the documents, the court can step in and sign those transfer documents on their behalf. This means you do not need their cooperation to complete the process, which can be a huge relief when someone is being deliberately obstructive.

Enforcing a Pension Sharing Order

If a pension sharing order has not been implemented, the court can order the pension provider to action it directly. In practice, you may also need to liaise with the pension company yourself to make sure the transfer goes through correctly. The Money and Pensions Service can provide useful guidance if you are unsure how to approach this.

What About Contempt of Court?

In more serious cases, where someone is deliberately and persistently ignoring a court order, the court can find them in contempt of court. This is a significant legal matter and can result in fines, a suspended sentence, or in extreme cases, imprisonment. That said, courts generally prefer to use practical enforcement tools that result in you actually receiving what you are owed. Contempt proceedings tend to be a last resort, used when all other options have failed or when someone is being deliberately evasive.

Emma’s Story: When a Lump Sum Payment Was Withheld

Emma had a consent order in place that required her ex-husband to pay her a lump sum of £40,000 within 28 days of the order being sealed. Six weeks later, the payment had still not arrived. After sending a formal written request that was ignored, Emma applied to the court using Form D11. The court made a third party debt order, and the funds were transferred from her ex-husband’s bank account within weeks. Emma told us she wished she had acted sooner, rather than waiting to see if the money would come through on its own.

When Should You Get Legal Advice?

Enforcing a consent order can be straightforward in some cases, but it is worth getting legal advice if:

  • The amounts involved are substantial
  • You suspect your ex-partner is hiding assets or income
  • You are unsure which enforcement method is most appropriate for your situation
  • Your ex-partner is contesting the enforcement application
  • There have been changes in circumstances since the order was made

A family law solicitor can advise on the most effective approach and help you prepare your application.

Keep Good Records Throughout

Good record keeping can make a real difference to an enforcement application. From the moment you suspect a breach, start gathering and storing:

  • A copy of the original sealed consent order
  • All written correspondence with your ex-partner about the breach
  • Bank statements showing missed or underpaid maintenance
  • Any evidence relating to property or pension non-compliance
  • Copies of all court documents once your application is underway

The more organised your evidence, the more straightforward your case will be to present to the court.

Summary

A consent order is legally binding once it has been sealed by the court, and both parties are required to follow its terms. If your ex-partner fails to comply, whether that is missing maintenance payments, refusing to transfer property, or ignoring a pension sharing arrangement, you have clear legal routes to enforce the order. Start by attempting to resolve the issue in writing. If that does not work, apply to the family court using Form D11. The court can use tools including attachment of earnings, charging orders, third party debt orders, and, in the case of property, can sign transfer documents on behalf of the non-compliant party. Act sooner rather than later, keep good records, and consider taking legal advice if the situation is complex.

Frequently Asked Questions

How do I enforce a consent order if my ex won’t pay maintenance?

If your ex-partner has stopped paying maintenance under a consent order, you can apply to the family court using Form D11. The court can make an attachment of earnings order, which deducts money directly from their salary, or a third party debt order, which takes funds from their bank account.

How long does it take to enforce a consent order?

Timescales vary depending on the type of enforcement and how complex the situation is. A straightforward application might be dealt with within a few weeks. More contested cases can take several months. Acting quickly and having good evidence to hand tends to speed the process up.

Can I enforce a consent order without a solicitor?

Yes, it is possible to make an enforcement application yourself. However, if the situation is complex, the sums involved are large, or your ex-partner is contesting the application, getting legal advice is a sensible step.

What happens if someone ignores a consent order?

If someone persistently ignores a court-approved consent order, the court can find them in contempt of court. This can result in fines or, in serious cases, imprisonment. Courts generally prefer practical enforcement solutions first, but contempt proceedings are available when all else fails.

Can a consent order be changed if circumstances have changed?

In some circumstances, yes. If there has been a significant change in either party’s financial situation, it may be possible to apply to vary certain parts of the consent order, such as maintenance payments. However, clean break consent orders, which deal with a one-off financial settlement, are generally final and very difficult to change once sealed.

Does enforcing a consent order cost money?

Yes, court fees apply when you make an enforcement application, though you may be eligible for a fee remission if you are on a low income. Legal costs will also apply if you instruct a solicitor. You can check fee remission eligibility on the GOV.UK website.

Need Help With Your Consent Order?

Whether you are looking to get a consent order in place, or need guidance on your next steps, our team is here to help.

Scroll to Top