Once a judge has approved a consent order, both of you are held to its terms, and failing to follow them can amount to a breach. If you believe your former partner has breached your order, your options range from a letter to a court application, and serious or repeated breaches can lead to enforcement orders, costs and, in the worst cases, a fine or imprisonment for contempt of court.
This guide covers financial consent orders in England and Wales.
The short answer. A breach of a consent order happens when your ex does not do what the order requires, such as missing maintenance payments or refusing to transfer a property. Start by raising it directly or in a formal letter. If that fails, you can apply to the family court to enforce the order, either asking for a specific method such as an attachment of earnings order or using Form D50K to ask the court to choose the method.
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What counts as a breach of a consent order?
Either party can breach a consent order, and what counts depends on the terms you agreed. Common examples include:
- Missing spousal maintenance payments
- Failing to pay a lump sum by the agreed date
- Refusing to sign documents to transfer or sell a property
- Failing to cooperate with a pension sharing order
Child maintenance is usually handled by the Child Maintenance Service, so different rules may apply.
What happens if a consent order is breached?
Where a breach takes place, it may be possible to resolve it by agreement, for example, if an administrative error made a maintenance payment late. If the breach is more serious or has happened more than once, the next step is usually a formal letter giving your ex the chance to put it right. If that does not work, you can apply to the court to enforce the order.
How to enforce a consent order
- Check exactly what the order says and keep a record of each missed payment or action, with dates and amounts.
- Raise it with your ex, as some breaches are genuine mistakes.
- Send a formal letter setting out the breach, a deadline to comply and that you will apply to court if they do not.
- Apply to the family court. Apply for a specific enforcement method using the relevant form or use Form D50K to ask the court to decide the most suitable method, in which case the person in breach can be required to attend court and give information about their finances.
- Attend the hearing. If the court agrees there has been a breach, it will make orders to enforce and can order the person in breach to pay your costs.
Is there a time limit for enforcing a consent order?
Do not delay. If maintenance arrears became due more than 12 months before you start enforcement proceedings, you need the court’s permission to enforce them, and you may not recover the full amount.
What enforcement options does the court have?
When you apply, you tell the court how the order has been breached, and you can leave the choice of method to the court. The options include:
- Attachment of earnings order: a set sum is taken directly from your former partner’s wages.
- Charging order: the debt is secured against their property, and the court can then order a sale.
- Warrant of control: enforcement agents can take goods to cover the debt.
- Third party debt order: money held for your former partner, usually in a bank account, is paid to you instead.
- Judgment summons: in extreme cases of persistent non-payment, the court can send the person to prison.
- Signing documents: where a signature is needed to transfer a property or release funds, the court can sign on their behalf.
Will a breach of a consent order always be enforced?
Not necessarily. If the court believes there was a reasonable explanation for the breach, it may not take enforcement action. If your ex’s circumstances have genuinely changed, for example, through redundancy, they may apply to vary ongoing maintenance instead; our guide on whether a consent order can be changed explains when that is possible. Advice before you apply helps you choose the right route and avoid wasted costs.
Frequently asked questions
Can you go to jail for breaching a consent order?
Yes, but only rarely and as a last resort for persistent non-payment. The court must be satisfied that the person had the means to pay and refused or neglected to do so.
Can a consent order be overturned?
A consent order can only be overturned in limited circumstances, such as serious non-disclosure or an unforeseeable event since it was made which invalidates the basis of the order. Regretting the agreement is not enough.
Can I stop paying if I can no longer afford it?
No, you must keep to the order until the court changes it. If your circumstances have changed, apply to vary the payments rather than stopping them.
Our family law solicitors nationwide are here for you
It can be difficult to know where to turn if your former partner has breached a consent order. Getting expert advice early helps you understand your options and makes enforcing your order as simple and stress-free as possible.
Take advantage of your free 30-minute consultation to talk through your situation and how we can help. Call 0800 321 3832 or complete our quick online form.
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Catherine Edmondson
Family Law Solicitor, Stoke on Trent
Written by Catherine Edmondson, family law solicitor. Catherine is a divorce and family solicitor based in Stoke-on-Trent. She qualified as a solicitor in 1999 and is a trained collaborative lawyer.
This article explains the law of England and Wales. Financial orders and their enforcement are dealt with differently in Scotland and Northern Ireland. It is general information, not legal advice on your circumstances.
Last reviewed: 5th November 2026
