Third party debt orders — taking money owed to your ex to pay a family order
REVIEWED BY: Sean McNamara on 2026-09-01
What a third party debt order is
A third party debt order (formerly called a garnishee order) is a court order that redirects money owed to your ex-partner by a third party — most often money sitting in their bank or building society account — to you instead, to satisfy a money judgment such as a lump sum or costs order from family financial remedy proceedings.
When it is useful
- The respondent refuses to pay a lump sum order.
- You know (or can reasonably believe) they hold money in a bank account.
- Other routes — asking directly, wage attachment — are impossible or pointless because the debt is large and time matters (money can be moved out quickly).
How it works
1. Interim order: the application is heard first without notice to the respondent. If the judge is satisfied, an interim order "freezes" the account — the bank is told not to let the funds out. 2. Final hearing (shortly after, with notice to the respondent): both sides can argue. If satisfied, the court makes the final order and the bank pays the money to the court for onward payment to you. 3. Interest and a fixed sum must usually be left in the account if it would leave the account below a minimal protective balance — the court balances this.
Costs and caution
Application fees and your costs are recoverable or at risk depending on outcome, and if the account turns out to hold almost nothing (or to be jointly held with innocent third parties), the order may achieve little. It is a targeted tool, not a general investigation power — you normally need evidence about where the money is.
Related enforcement routes
- Charging orders over property (secured repayment when the home sells)
- Attachment of earnings (wages)
- Orders for sale of property (for substantial sums)
- Committal proceedings for wilful disobedience (last resort)
Official links
- https://www.gov.uk/make-court-claim-for-money (money claims overview)
- https://www.gov.uk/courts-tribunals (courts and tribunals hub)
This page is general information, not legal advice. YourFamilyCase.co.uk is an independent information directory and is not affiliated with HMCTS or gov.uk.
Content verified against the official HMCTS court directory, gov.uk forms and fees pages, and the professional body registers (SRA, FMC, Bar Council). Last reviewed September 2026.