Appeals and enforcement

Part 1: Appeals

When can you appeal?

Not every outcome you disagree with can be appealed. The family court gives judges a wide discretion — particularly in financial remedy cases — and appellate courts are reluctant to interfere with a decision that falls within the range of reasonable outcomes, even if another judge might have decided differently.

To appeal, you must show one of two things:

1. The decision was wrong — wrong in law, wrong on the facts, or the judge exercised their discretion in a way that was outside the range of reasonable decisions
2. The decision was unjust due to a serious procedural or other irregularity in the proceedings

Feeling that the outcome was unfair, or that the judge preferred the other party’s evidence over yours, is generally not enough. You need an identifiable legal or procedural error.

Permission to appeal

In almost all family cases you need permission to appeal before you can proceed. Permission will be granted if the appeal has a real prospect of success, or if there is some other compelling reason for the appeal to be heard.

You can ask for permission in two ways:

• At the hearing — ask the judge who made the decision to grant permission to appeal there and then. They are required to consider this. Many judges will refuse, but it is always worth asking as it preserves your position.
• By application — if permission was refused or not sought at the hearing, you can apply to the appellate court. This is done on paper initially; a judge reviews the papers and either grants permission, refuses it, or lists a short oral hearing to decide.

If permission is refused on paper, you can usually renew the application at an oral hearing.

Time limits

The time limit for appealing is 21 days from the date the order was made or the judgment handed down. Some orders specify a different time limit — check the order carefully.

The 21-day limit is strictly enforced. If you miss it, you need permission to appeal out of time, which requires you to explain the delay and show good reason why it should be overlooked. This is not often granted. If you are considering an appeal, act immediately.

The appeal route

Where your appeal goes depends on who made the original decision:

What happens on appeal

Paper stage — most appeals begin with a paper review. The appellate judge reads the appeal notice, the grounds, and any skeleton arguments. They will either grant permission, refuse it, or list a short oral hearing to decide.

The appeal hearing — an appeal is not a rehearing of the original case. The judge reviews the original decision for error. New evidence is generally not allowed. The hearing focuses on legal argument, not factual evidence.

The outcome — the appellate court can dismiss the appeal, allow it, substitute a different order, or remit the case to be reheard by a different judge. Remittal is common where the original judge made a procedural error.

Financial remedy appeals

Financial remedy appeals are particularly hard to win. Judges have a very broad discretion under the Matrimonial Causes Act 1973, and appellate courts will only intervene where the judge has applied the wrong legal principle, left something relevant out of account, considered something irrelevant, or made an order plainly outside the range of reasonable decisions.

The question to ask yourself — and your lawyer — is not “would another judge have done this differently?” but “was this decision outside the range that any reasonable judge could have reached?”

Children act appeals

Appeals in children cases follow the same procedural rules. Courts are cautious about disturbing arrangements for children that are already in place, particularly where time has passed and the child has settled. Where there has been a significant change in circumstances since the original order, it may be more appropriate to apply to vary the order rather than appeal it.

Appealing consent orders

It is very difficult to appeal a consent order — one you agreed to. Consent orders can only be set aside in limited circumstances: fraud or material non-disclosure, mistake, undue influence or duress, or a radical change in circumstances since the order was made.

Costs of appealing

Appeals are expensive. At Circuit Judge level, a contested appeal might cost £5,000–£15,000 in legal fees. At High Court and Court of Appeal level, costs can run much higher. Legal aid is rarely available for appeals unless you already have a certificate that covers the proceedings. An unsuccessful appellant will often be ordered to pay the respondent’s costs as well as their own.

Part 2: Enforcement

When enforcement is needed

Court orders are meant to be obeyed. But sometimes people don’t comply — they don’t pay what they were ordered to pay, they don’t transfer property, they don’t follow child arrangements. When this happens, you can ask the court to enforce the order.

Enforcement of financial orders

If your ex-partner isn’t paying what they owe, the main options are:

Attachment of earnings order — the court orders their employer to deduct money from wages and pay it directly to you. Effective if they have regular employment.

Third party debt order — the court orders money to be paid directly from their bank account. You need to know where they bank.

Charging order — a charge is placed on their property. You don’t get money immediately, but you are secured against the property and can apply for an order for sale if the debt is substantial.

Warrant of control — bailiffs can seize and sell goods to pay the debt. Of limited use if they don’t have valuable possessions.

Judgment summons — your ex-partner is summoned to court to explain why they haven’t paid. Can lead to committal for deliberate non-payment.

Enforcement of property orders

If your ex-partner won’t transfer property as ordered, you can apply for the court to execute the transfer on their behalf. The court order takes effect as if they had signed the documents.

Enforcement of child arrangements orders

If your ex-partner is not following a Child Arrangements Order:

• Warning notice (C79) — the court attaches a warning notice explaining the consequences of breaching the order
• Enforcement order — the court can order unpaid work (community service) for breaches
• Compensation for financial loss — if the breach caused you financial loss (lost work, holiday costs) you can seek compensation
• Fine — for persistent breaches
• Committal to prison — the ultimate sanction for serious, deliberate breaches; used rarely and as a last resort
• Variation — the court might change the order if it is clearly not working

Contempt of court

Deliberately disobeying a court order is contempt of court. Consequences can include fines, seizure of assets, or imprisonment of up to two years for serious contempt. Courts take this seriously but use the strongest sanctions sparingly.

Practical tips

Before seeking enforcement, make sure the order is clear about what was required, check whether there is a legitimate reason for non-compliance, and consider whether negotiation might resolve it. Get legal advice on the best enforcement method — the right approach depends on your ex-partner’s assets and circumstances.

If you are the party struggling to comply, do not ignore the order. Apply to vary it if circumstances have changed, and get legal advice about your options.

Setting aside orders

In very limited circumstances you can ask the court to set aside an order entirely — for procedural irregularity, material non-disclosure, fraud, or a fundamental supervening event. Setting aside is distinct from appealing and is rarely granted. Get legal advice if you think it applies.