Family Law Case Studies

We provided advice and representation to Mrs. X in relation to divorce proceedings and associated financial remedy proceedings. Mrs. X issued divorce proceedings following a period of separation from her husband, Mr. X. She hoped that the divorce and associated financial matters would be dealt with amicably and as cost effectively as possible. Mrs. X started divorce proceedings under the new ‘no fault’ divorce law and she suggested to Mr. X that financial disclosure be provided on a voluntary basis to enable the parties to negotiate a fair and reasonable settlement with the benefit of full awareness of all of the assets, liabilities and incomes. Mr. X ignored all solicitors’ and Court correspondence which necessitated the divorce papers being personally served upon him, and financial remedy proceedings being issued before the Court.

Both parties were ordered by the Court to provide financial disclosure. Mr. X did so late. Subsequently the Court made directions to progress the case which Mr. X failed to comply with. To ensure compliance the Court attached a Penal Notice to those provisions of the Court Orders that had not been complied with. The effect of the Penal Notice was to compel Mr. X to co-operate, failing which he would be in contempt of Court and he was warned that an order for imprisonment could follow. Still Mr. X did not comply and an application had to be made to Court by Mrs. X to for enforcement by way of application for Mr. X’s committal to prison.

The Court was satisfied that Mr. X stood in breach of the Court Order and the Penal Notice and did not find that there were justifiable reasons for Mr. X to do so. He was given a custodial sentence, which was suspended subject to strict conditions being met, and ordered to pay Mrs. X’s legal costs of several thousand pounds.

This matter demonstrates that Court Orders made within family proceedings are to be taken seriously. Sanctions can and will be imposed by the Courts where parties do not comply without good reason.

If you are going through Court proceedings and your spouse is not co-operating, or if you require advice or representation within family law proceedings generally, please get in touch and we can guide you through the process.

We provided advice and representation to Mrs. Y in relation to divorce proceedings and associated financial remedy proceedings. Mr and Mrs. Y had been married for over 12 years. During their marriage, at Mr. Y’s request and encouragement, Mrs. Y sacrificed her career so that she could provide care and support for Mr. Y and his child from a past relationship. This enabled Mr. Y’s career to progress and for his salary to increase. Later Mrs. Y returned to work but her income was significantly less than that of Mr. Y.

After the parties agreed that their marriage had broken down Mrs. Y. left the family home which had been acquired by Mr. Y before they met. Mrs. Y had to secure alternative accommodation and she struggled financially thereafter due to the additional cost of rent and utility bills. She had no savings, and mounting credit card and loan debts. By contrast Mr. Y was largely debt free, he had substantial capital resources in his bank account, and his financial disclosure showed that he benefitted from disposable income each month. Mrs. Y’s income was approximately 3 to 4 times less than that of Mr. Y and she asked for financial assistance from him. This was refused. Attempts to negotiate the matter via solicitors and via a family mediation service were unsuccessful, and this prompted a Court application being made.

The Court accepted that Mrs. Y demonstrated a need for reasonable financial provision and ordered Mr. Y to pay her a sum of maintenance per month for the duration of the family proceedings until further order. In addition, to ensure that Mrs. Y was able to fund the remainder of the litigation to resolve all financial claims, the Court ordered Mr. Y to pay a Legal Services Payments Order of several hundred pounds per month. A Costs Order of several thousand pounds was also made against Mr. Y to indemnify Mrs. Y for the legal and Court costs that she had to pay in order to make this application.

If you are going through divorce and are struggling financially then you may be able to make a claim to the Court for financial assistance (Maintenance Pending Suit) and, in more limited circumstances, for a Legal Services Payments Order. If you require advice or representation with such matters, or within family law proceedings generally, please get in touch and we can guide you through the process.

Stuart Daniel