How a Divorce Lawyer Can Help Enforce Court Orders

You’ve  just gone through a long Court battle with your former spouse and orders were finally made by the Court. You think it’s over, but now your former spouse refuses to comply with the Court orders. What can you do?

One of the most important aspects after divorce proceedings is ensuring that Court orders are complied with. Whether these orders relate to custody arrangements, maintenance or the division of assets, non-compliance can lead to frustration, emotional strain and financial difficulties. This is where a divorce lawyer plays a crucial role in ensuring that Court orders are enforced.

Fortunately, the legal system in Singapore provides specific processes for enforcement of Orders in cases where Court orders are not adhered to. A divorce lawyer with experience in family law can guide clients through these processes, offering legal advice, representation and even taking direct action to compel the ex-spouse to comply with the Court orders. 

The Role of a Divorce Lawyer in Enforcing Court Orders

A divorce lawyer is trained to assist clients in navigating the complexities of divorce proceedings. A divorce lawyer helps clients enforce Court orders through a variety of legal tools, such as enforcement applications, mediation and, if necessary, contempt proceedings.

Some specific ways in which a divorce lawyer can assist in enforcing Court orders are:

Advising on Enforcement Options

Upon the issuance of a Court order, the next step is ensuring that the terms of the order are complied with. If one party fails to comply with a Court order — whether it is related to child custody, spousal maintenance or the division of property — a divorce lawyer can help the aggrieved party understand their options for enforcement.

Depending on the nature of the non-compliance, there are several enforcement methods. Some of the options include:

• Contempt of Court: If a person wilfully disobeys a Court order, they can be held in contempt of Court. A divorce lawyer will advise their client on whether contempt proceedings are appropriate and represent them in filing a contempt application.
• Attachment of Earnings: If a party fails to pay maintenance as ordered by the Court, the other party can seek an order for the attachment of earnings. This involves instructing the party’s employer to deduct a portion of their wages directly to pay the maintenance.
• Writ of Seizure and Sale: This enforcement mechanism can be used when one party fails to pay the Court-ordered division of property. The writ allows the seizure of the non-complying party’s assets by Court bailiffs and their sale at auction to recover the debt.
• Examination of Judgment Debtor: When a party fails to comply with financial orders, the Court can question them about their property to determine what assets they own that are available to satisfy the debt.

A divorce lawyer will help determine the most suitable enforcement method based on the particular circumstances of the case.

Filing Enforcement Applications

When a Court order is not complied with, a party may need to file an enforcement application with the Family Justice Courts (FJC). This application seeks to compel the other party to adhere to the Court’s order. A divorce lawyer can assist in preparing and filing this application.

The lawyer will help draft the application, ensure that all necessary documents are submitted and ensure that the case is properly argued in Court. This may involve gathering evidence of non-compliance and presenting it before a judge. The lawyer will also represent their client during any hearings or proceedings related to the enforcement application.

Mediation and Settlement Negotiation

Sometimes, the failure to comply with Court orders may stem from misunderstandings, financial difficulties or other underlying issues that could be resolved without resorting to litigation. A divorce lawyer can facilitate communication between the parties through mediation or negotiation, seeking to reach a settlement that encourages voluntary compliance with the Court order.

Mediation is a more informal, cost-effective approach to resolving disputes and may avoid the need for a lengthy Court process. If both parties are willing to cooperate, a divorce lawyer can guide their client through the mediation process, ensuring that the outcome is legally binding and aligned with the original Court order.

Contempt of Court Applications

If a party continues to disobey a Court order after attempts at resolution have failed, a divorce lawyer can help their client pursue a contempt of Court application. This is a serious legal measure that involves asking the Court to impose penalties on the non-compliant party.

Contempt of court can result in significant consequences, such as fines or imprisonment. For example, if one party is ordered to pay spousal or child maintenance and refuses to do so, the other party can apply for a contempt order. The Court may choose to fine or imprison the non-compliant party until they fulfill their obligations.

It is important to note that contempt proceedings are often a last resort. A divorce lawyer will assess whether this is the most appropriate course of action, ensuring that the legal process is used effectively to achieve compliance.

Execution of Orders Relating to Property Division

If one party fails to comply with the Court’s order to transfer property or make financial settlements, the divorce lawyer can file a writ of seizure and sale. This order allows the Court to seize assets from the non-complying party and sell them to meet the Court-ordered financial obligations.

The lawyer will assist in identifying which assets can be seized and ensure that the necessary legal steps are taken to enforce the judgment.

Attachment of Earnings for Maintenance Orders

An attachment of earnings order may be sought when a party fails to pay spousal or child maintenance. This means that the employer of the non-compliant party will be ordered to deduct the maintenance payments directly from the individual’s wages and pay them to the other party.

A divorce lawyer will help in drafting the application and taking the necessary steps to ensure that the order is enforced. This may involve liaising with the employer or pursuing additional enforcement action if the maintenance payments are not made as ordered.

Assisting in Recovery of Arrears

In some cases, a party may fail to make the required maintenance payments for an extended period, leading to the accumulation of arrears. A divorce lawyer can assist in recovering these arrears, either through negotiations, enforcement proceedings or garnishment of wages. 

Navigating International Enforcement Challenges

In some cases, the party who is not complying with the Court orders may have moved overseas. Enforcing Singapore Court orders internationally can be especially complicated, requiring the cooperation of foreign jurisdictions. A divorce lawyer can help navigate the complexities of international law and treaties, such as the Hague Convention on the Civil Aspects of International Child Abduction, which Singapore has ratified. They can work to secure the enforcement of orders across borders and ensure that the rights of their clients are protected.

A divorce lawyer plays an integral role in assisting their clients in these enforcement matters, offering legal advice, representation, and practical solutions to compel compliance with Court orders. Whether through enforcement applications, contempt proceedings, mediation or other legal measures, a divorce lawyer can help their clients navigate the often-complicated enforcement process, ensuring that their rights are upheld and that justice is served.

If you find yourself in a situation where a former spouse is refusing to comply with Court orders, contact me today at 8039 9083 for a consultation.