If your ex isn't following a family court order, you can ask the court to enforce it. For money, form D50K (£63) lets the court decide how to recover what's owed, from wages, bank accounts or property. If your ex won't sign a transfer, the court can have someone sign it for them. For a child arrangements order, form C79 (£270) can lead to unpaid work or compensation. Child maintenance through the Child Maintenance Service is enforced by the service, not the court.
Getting an order can feel like the end of a long fight, so it's hard when your ex ignores it. Family court orders are binding, though, and the court has a range of ways to make them stick. This guide covers the most common problems after divorce: money not paid, property not transferred or sold, and child arrangements not followed.
What should you do before applying to court?
Court applications cost money and time, so a few steps first can save both, and they'll help if you do have to apply.
- Read the order carefully. Check exactly what it says, the deadlines, and whether it allows either of you to apply back to the court ("liberty to apply").
- Keep a record. Note every payment due and what arrived, or every missed handover, with dates. Keep bank statements, messages and emails.
- Put it in writing. Send a short, polite message or letter quoting the order, saying what hasn't been done and giving a reasonable deadline, such as 14 days. This often works, and if it doesn't, it shows the court you tried.
- Check whether your ex has applied to change the order. If their circumstances have genuinely changed, they may apply to vary it, and the court may deal with both applications together.
Don't take matters into your own hands, for example by keeping the children from your ex because they haven't paid. Money and time with the children are treated separately, and doing that can count against you.
How do you enforce an unpaid lump sum or other payment?
If you don't know which method will work, apply on form D50K. The court fee is £63 (GOV.UK). You set out what's owed and how you've worked it out, and the court orders your ex to complete a financial statement and come to court to answer questions about their finances, under a penal notice (Family Procedure Rules, rule 33.3). The judge then chooses how to recover the money. The options include:
- An attachment of earnings order, taking regular amounts from your ex's wages through their employer.
- A third party debt order, freezing and taking money from their bank or building society account.
- A charging order, securing the debt against property they own, which can later lead to an order for sale.
- A warrant of control, allowing enforcement agents (bailiffs) to take and sell goods.
- Appointing a receiver to collect income, such as rent, on your behalf.
If you already know the method you want, you can apply for that method directly on its own form instead.
When your ex can pay but won't
For money owed under a family court order, you can also apply for a judgment summons. If you prove your ex has had the means to pay since the order was made and has refused or neglected to pay, the court can send them to prison, often suspended on condition that they pay (rules 33.9 to 33.17). It's a serious step that needs strong evidence, and it doesn't wipe out the debt, so it's worth legal advice.
An order is binding the day it's made. Enforcement is how you make your ex treat it that way.
What about unpaid spousal maintenance?
Spousal maintenance under a court order is enforced the same way, usually on D50K or by asking for an attachment of earnings order. The key thing is timing: you need the court's permission to enforce arrears that became due more than 12 months before you apply (Matrimonial Causes Act 1973, section 32). Apply as soon as payments stop, rather than letting them build up.
If your ex says they genuinely can't afford the payments any more, they should apply to vary the order. The court can deal with that and your enforcement application together. Our guide to spousal maintenance explains how amounts are set and changed.
Child maintenance is different. If it's arranged through the Child Maintenance Service, the service enforces it, by taking money from wages or bank accounts and, through the courts, by bailiffs or taking away a driving licence or passport. Our child maintenance guide explains how.
What if your ex won't transfer or sell the house?
Refusing to sign a transfer
If the order says your ex must transfer a property, or sign other documents, and they won't, you can ask the court to order that someone else signs in their name. This is usually a court officer such as a district judge (Senior Courts Act 1981, section 39). You'll need to show the court the document, such as a Land Registry TR1 form, and evidence that your ex has been asked to sign and hasn't. Ask the court to order your ex to pay the costs of the application.
Refusing to sell or delaying the sale
If the order says the house must be sold, but your ex won't agree an estate agent, a price or a buyer, or won't let people view it, you can apply to the court for directions. The court can make orders about how the sale is run, including which of you has control of it and the price, and can order a sale where the order provides for one (Matrimonial Causes Act 1973, section 24A). If your ex's delay is costing you money, such as extra mortgage payments, ask the court to take that into account and to order costs.
If your ex stops paying the mortgage
If the order or undertakings say your ex must pay the mortgage and they stop, contact the lender straight away and explain. Both of you remain liable for a joint mortgage whatever the order says, so missed payments can affect your credit file. Then apply to enforce the order, and keep a record of what you've had to pay to protect the home.
How do you enforce a child arrangements order?
If the other parent isn't following a child arrangements order, for example not making the children available, not returning them on time, or cancelling repeatedly, you can apply on form C79. The fee is £270 (GOV.UK). Read guidance CB5 with the form, and give dates and details of each breach.
The court looks at the facts again first. It can (GOV.UK):
- make an enforcement order requiring the other parent to do between 40 and 200 hours of unpaid work
- order them to pay compensation for money you lost because of the breach, such as a cancelled holiday
- decide not to enforce the order if they had a good reason, or if something different would be better for the children
The court has to be sure, beyond reasonable doubt, that the order was broken, and won't make an enforcement order if the other parent had a reasonable excuse (Children Act 1989, section 11J). It must also consider the children's welfare. In practice, judges often focus on getting the arrangements working again, sometimes by changing the order, rather than punishing the other parent. In serious, repeated cases, breaking a court order can be contempt of court.
Minor or occasional lateness rarely justifies a court application. A pattern of missed or cut-short time does, especially if you've tried to resolve it. If the order itself no longer works for the children, it may be better to apply to change it on form C100. Our guide to applying for a child arrangements order explains that process.
If a child isn't returned
The police usually can't enforce a child arrangements order, but call 999 if a child is in danger. If you think the other parent is about to take your child abroad without permission, call the police straight away, as they can act to stop a child leaving the country. Our guide to taking children abroad after separation explains the rules, and a family solicitor can make an urgent application to court.
Which form do you need?
| Problem | Form or route | Court fee |
|---|---|---|
| Lump sum or court-ordered maintenance not paid, and you want the court to choose the method | Form D50K | £63 |
| Child arrangements order not followed | Form C79 | £270 |
| Breach of an existing enforcement order about the children | Form C79 | £119 |
| Ex won't sign a transfer or other document, or won't co-operate with a sale | Application in the existing case, usually on form D11 | Check EX50 for the current fee |
| Child maintenance arranged through the CMS not paid | Contact the Child Maintenance Service | No court fee |
Fees from GOV.UK, Family court fees (EX50), updated 13 July 2026. If you're on a low income or certain benefits, Help with Fees can reduce or cover them.
Where can you get help?
A family solicitor can tell you whether enforcement is worth the cost, especially if your ex has few assets, and which method is most likely to work. Many will draft the application for a fixed fee. If the problem is the arrangements for the children and it's safe, a mediator may get things back on track faster than court. Our guide to dealing with a difficult ex covers keeping records and communicating when things are tense.
If your ex's behaviour is frightening or controlling, it may be abuse. Call 999 if you're in danger. The National Domestic Abuse Helpline (0808 2000 247) and the Men's Advice Line (0808 801 0327) can help you plan.
A family solicitor can tell you which enforcement route is most likely to work and draft the application. Get matched and we'll introduce you to two or three.
Ex ignoring a court order?
Tell us what's going on and we'll introduce you to two or three family solicitors near you. The introduction is free, and they'll tell you their fees before you agree to anything.
Get matchedCommon questions
What can I do if my ex won't pay what the court ordered?
Apply to the family court to enforce the order. On form D50K, which costs £63, the court orders your ex to set out their finances and come to court, then chooses how to recover the money: from their wages or bank account, by a charge on their property, by bailiffs, or by appointing a receiver.
My ex won't sign the house transfer. What can I do?
Ask the court for an order that someone else, usually a court officer, signs the transfer on your ex's behalf. The court can also order the property to be sold if the order allows it, and can make your ex pay the costs of the application.
Is there a time limit for enforcing unpaid maintenance?
You need the court's permission to enforce maintenance arrears that became due more than 12 months before you apply. Don't let arrears build up: apply as soon as payments stop.
What happens if my ex breaks a child arrangements order?
You can apply on form C79, which costs £270. If the court is sure the order was broken without a reasonable excuse, it can order 40 to 200 hours of unpaid work or compensation for money you lost. It may instead change the arrangements if that's better for the children.
Can the police enforce a child arrangements order?
Usually not. Breaking a child arrangements order is a matter for the family court. Call the police if a child is in danger, or if you think the other parent is about to take them abroad without permission.
Sources
- Ministry of Justice, Family Procedure Rules Part 33 (enforcement)
- legislation.gov.uk, Matrimonial Causes Act 1973, section 32
- legislation.gov.uk, Matrimonial Causes Act 1973, section 24A
- legislation.gov.uk, Senior Courts Act 1981, section 39
- legislation.gov.uk, Children Act 1989, section 11J
- GOV.UK, Making child arrangements: change or enforce an order
- GOV.UK, Family court fees (EX50), updated 13 July 2026
Keep reading
This guide is general information, not legal or financial advice. Laws, fees and figures change, so check the sources above and speak to a qualified professional about your situation. Facts checked 6 November 2026.