'Contempt of Court'
Posted on 6th November 2018 at 09:48
When couples end up in Court proceedings relating to financial matters connected to a divorce, they do not always expect the seriousness of the matter. Quite often, people explain how they did not realise the involvement that they would be required to have, until they spoke to family solicitors Lancaster, MG Legal.
The Courts are given significant power to penalise parties who do not comply with Court Orders. For example, when a party fails to engage in proceedings, not providing Ordered documents, or failing to disclose assets, they may think that they are being smart. Family solicitors Lancaster would advise that this is not a wise decision. In the recent case of Hart v Hart  EWHC 2894 (Fam) the Court sentenced the Husband to 14 months imprisonment for continuing to show non-compliance with enforcement Orders, and for being in contempt of Court.
That being said, the Courts are unlikely to commit a party to prison immediately as, clearly, this can have a counter-intuitive effect on progressing matters. However, should a party continuously breach Orders and not comply, it is worth noting that this is one of the options open to the Court.
As well as this, family solicitors Preston advise, the Court can also issue a Penal Notice, which is usually in the form of a monetary fine or assets being seized.
Another option open to the Court, in similar circumstances, is a Hadkinson Order. Applied for recently by the Wife in the case of Orenga de Gafforj v Orenga de Gafforj  EWCA Civ 2070, but not often applied for in Court, this Order prevents the party who is not complying or paying from bringing other applications to the Court, and can prevent them from being heard in proceedings. This prevents the wrongful party from advancing their case and, sometimes, from arguing their case in hearings. The aim of this is to try and get the party to comply with the Order, to prevent them from proceeding without complying. MG Legal, Family solicitors Preston, explain that whilst this is not frequently used, it can be a very useful Order in the right circumstances.
So, if you are involved in Court Proceedings and are worried that you are not complying correctly, or you have been warned that you are going to receive a Penal Notice, then do not let the matter escalate any further. Contact our expert family solicitors Preston today on 01772 783 314 to arrange a free initial consultation or email firstname.lastname@example.org.
MG Legal - Your Family Solicitors Preston
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