At this point, you have been through the legal process. You have got your final court order and expected that to mark the end of a stressful chapter. However, now your ex-partner is dragging their feet – refusing to cooperate and making it difficult to finalise matters. This situation is more common than many people realise. If this situation resonates with you, you may be wondering what steps to take next.
At Slater Heelis, our Resolution-accredited family lawyers are here to support you with expert, compassionate advice. In this blog, we will explore what can be done when a final order is not the final word – and why taking action matters. There are legal mechanisms available to help move forward in this scenario.
Common Forms of Non-Compliance
Non-compliance can take many forms, including a refusal or failure to:
- Engage with the sale or marketing of the family home (e.g. refusing to instruct an estate agent, agree an asking price, or sign necessary documents)
- Transfer the family home or another property to you
- Sell a property held in their sole name
- Pay a lump sum ordered by the court
- Make ongoing maintenance payments
- Implement a pension sharing order
In this blog, we’ll focus on two of the most common and disruptive issues:
- Refusal to engage with the sale of property
- Failure to implement a pension sharing order (PSO)
Each of these actions—or inactions—can significantly delay resolution and cause both financial and emotional strain. Understanding your legal options is key to moving forward when cooperation breaks down.
Scenario 1: Your Ex Won’t Sign the Paperwork
One scenario is if you are dealing with a final order that says the other person must transfer their share of the family home to you, they’ll usually need to sign a TR1 form to make that happen. If they refuse, it can cause delays or even block the implementation of the court’s decision. This can be extremely difficult when being so close to the end.
What Can You Do If Your Ex Won’t Cooperate?
If your ex is refusing to sign a document required by the final order—such as a TR1 form to transfer property—you’re not stuck. The law provides ways to enforce compliance.
1. Apply to the Court for Enforcement
You can apply back to the family court to enforce the original order. The court has the power to:
- Direct that the order be carried out by another person (including the court itself), in accordance with the court rules.
- If you are dealing with a situation where the other party is refusing to cooperate, such as not signing a TR1 form to transfer property – you can ask the court to authorise a judge or court officer to sign the document on their behalf.
This approach is especially useful in cases involving property transfers. For example, if the court has ordered that a house be transferred into your name, and your ex won’t sign the TR1 form, the court can arrange for a judge to sign it instead. That means the transfer can go ahead without delay.
2. Consider a Penal Notice or Committal Application
If the order included a penal notice (or one can be added), you may be able to apply for committal for contempt of court. This is a serious step and should be considered carefully, but it can be effective in cases of persistent non-compliance.
Scenario 2: Your Ex is Blocking a Pension Sharing Order (PSO)
Pensions are often among the most significant assets to be considered during divorce proceedings. There is a general expectation that pensions accrued during the course of the marriage—including any period of cohabitation—will be divided equally between the parties by way of a PSO.
If you are trying to move forward with a financial order but the other person is refusing to cooperate, difficulties can arise with the implementation process. Unlike a simple refusal to sign a form, enforcing a PSO can be more complex. These orders require active cooperation from both parties. If your former partner fails to complete the necessary paperwork, ignores correspondence, or otherwise obstructs progress, it can leave you feeling as though the order is effectively unenforceable.
The recent case of has shown the courts can take action when one party refuses to cooperate with a PSO.
If you are dealing with a situation where the other person is refusing to cooperate with a PSO, a recent Family Court case (AT v TP (Pension Enforcement)) shows that the courts can and do take action.
In this case, the husband, aged 70, was unable to access his pension because his wife had not filled out the relevant forms in respect of the PSO that had been made. The PSO had awarded the wife 48.94% of the husband’s Aviva pension, which had a value of around £193,000. Despite the PSO being made in her favour, being worth around £94,000, the wife repeatedly failed to complete the necessary forms for the pension provider.
The wife’s non-cooperation meant the husband could not access his pension, and so despite being in poor health, he was unable to retire. This was because the PSO remained in force but not implemented (again, due to the wife’s failures to complete the paperwork). The court found in favour of the husband and set aside (cancelled) the PSO, meaning it was treated as though it had never been made.
The judgement from His Honour Judge Farquhar serves as a clear warning: failure to comply with financial remedy orders can lead to serious legal and financial repercussions, including the loss of entitlements and significant cost penalties. Like it did for the wife in the case above, who lost out on pension benefits of c.£94,000. Additionally, the court ordered the wife to pay £20,000 towards the husband’s legal costs (in addition to similar orders that had already been paid), reflecting its disapproval of her litigation conduct.
If you are going through financial remedy proceedings and the other person is refusing to engage, this case shows just how challenging things can become. It serves as a reminder that even final orders are not immune to disruption—and that the court retains discretion to revisit outcomes where enforcement becomes unworkable.
Talk to Our Family Law Experts
There are ways to fix things when your ex won’t cooperate. The court system is designed to help you enforce your rights and to be able move forward. And with the right legal advice, you can make it happen.
“Clients often find these applications challenging, as they may face additional litigation even after investing significant time and resources to reach a resolution. Enforcing court orders can present complexities; therefore, it is crucial to seek early advice to ensure that court powers are utilised in the most effective and efficient manner.” – Charlotte Beck, Partner in our Family Team
Our experienced team will guide you through each step with sensitivity, ensuring your voice is heard and your future protected.
Get In Touch
Charlotte Beck is a partner in our expert Family Law team and has a great deal of experience in divorce, cohabitation disputes, and advising on complex high-net-worth financial cases and intricate child disputes. She is has been recognised by the independently researched Chambers and Legal 500 directories.
If you’d like to talk to one of our solicitors in Manchester or Sale, call us on 03301 624 681 or complete our online contact form to arrange a confidential discussion.
