When a marriage ends, sorting out finances can feel overwhelming. A Financial Remedy Order sets out how assets, property, and maintenance will be divided—but what happens if something goes wrong after the order is made? That’s where the “Liberty to Apply” clause comes in.
What is “Liberty to apply”?
This clause gives you the right to return to court for clarification or help with implementing the order. It’s not about changing the original decision—it’s about making sure the agreed terms actually happen.
Think of it as a safety net for practical issues, such as:
- A property sale delayed because one party won’t sign documents.
- Disputes over timing of lump sum payments.
- Questions about how to carry out specific steps in the order.
When does it apply?
You can use Liberty to apply when:
- Property Orders need enforcing (e.g., sale price or signing deeds).
- Deferred Sale Orders (like Mesher Orders) trigger disputes later.
- Payment Logistics become contentious.
It does not allow you to change the financial settlement. For major changes, other legal routes—such as variation or setting aside orders—may apply.
How do you apply to Court?
If problems arise:
- File an Application with the same court that made the original order.
- Attend a Short Hearing focused on practical implementation.
- Court Directions may include:
- Appointing an estate agent.
- Signing documents on behalf of a party.
- Enforcing payment through orders like sale or attachment of earnings.
Tips for clients: How to approach ‘Liberty to apply’
- Act Quickly: If you hit a roadblock, don’t delay—early action avoids escalation.
- Keep Records: Document all attempts to comply with the order (emails, letters, timelines).
- Seek Legal Advice: A solicitor can guide you on whether Liberty to Apply is the right route or if another remedy is needed.
- Stay Focused on Implementation: Remember, this process is about making the order work—not renegotiating the settlement.
- Consider Mediation First: If the issue is minor, mediation may resolve it faster and more cost-effectively.
Why is ‘Liberty to apply’ for you?
Including a Liberty to Apply clause in your financial remedy order:
- Protects You if practical issues arise.
- Avoids Costly Disputes by providing a clear route back to court.
- Keeps Things Moving so you can move forward with your life.
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