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Exes who don’t pay up face driving ban

The Law Commission wants people who renege on divorce settlements to lose their licence for 12 months
The Law Commission wants people who renege on divorce settlements to lose their licence for 12 months
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Husbands who refuse to pay their former wives’ divorce settlements could be banned from driving.

The Law Commission has called for tough sanctions against former spouses who avoid paying what a court has decided is a fair financial settlement.

The recommendations for penalties against ex-husbands and ex-wives who fail to pay were made after complaints that orders imposed in divorces are frequently ignored, and that those who do not pay cannot easily be punished.

At present the only penalty that can be sought against a former spouse is a prison sentence, which is rarely used.

The recommendations include 12-month driving bans, to be lifted when the payment is made. However, the report noted that it would be self-defeating to impose a ban on someone who needed to drive to earn a living, and for that reason the confiscation of British passports was also recommended.

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Courts in England and Wales make 90,000 family financial orders every year, and they feature in three out of four divorce cases. “As the orders are made by the court to meet needs, non-compliance can have a devastating impact,” the commission said. “Ineffective enforcement causes real hardship, results in costs to the state and undermines confidence in the justice system.”