What to Do If Your Ex-Partner Ignores a Court Order

Courts are taking a stricter approach when a person does not follow a financial Court Order, which is welcomed within our family law team.

When someone does not follow a court order in financial remedy proceedings, steps can be taken to enforce the Order, they may be found to be in “contempt of court”. Contempt of court means you have purposely undermined or been disrespectful to the Court (or officers of the court) and includes not obeying a Court Order. The penalty for doing this can include imprisonment for a maximum period of 2 years,  a fine, or the confiscation of assets. It is possible that no penalty at all will be imposed.

The first purpose of a prison custodial sentence is to ensure future compliance with court orders, to uphold the authority of the court, and to deter others from ignoring court orders. The second objective is punishment, and the third is rehabilitation.

What Are Financial Remedy Proceedings?

Financial remedy proceedings refer to the court process that deals with dividing a couple’s finances during a divorce or the dissolution of a civil partnership. An application is made to the Court for a financial court order at the same time or after the divorce application is issued.

In many cases, couples can agree on a financial settlement without court intervention. However, it is recommended that this agreement be made legally binding through a financial consent order approved by a judge.

If an agreement cannot be reached, one party can start financial remedy proceedings, meaning they are asking the court to decide what financial settlement should be put in place.

Recent Cases

Historically, it was rare for someone to face imprisonment for failing to comply with a court order. However, recent cases show that judges are now more willing to take firm action to ensure compliance. This includes ordering custodial sentences for those who deliberately ignore court orders.

The Barclay Case

After years of financial disputes with her ex-husband, Mrs Barclay asked the court to enforce an order against Mr Barclay for breaching a 2017 consent order recording the terms of their financial settlement on divorce.

Mr Barclay had failed to pay maintenance, mortgage repayments, and council tax as required by the order, with the sum due to Mrs Barclay being a significant amount of over £70,000.

Mr Barclay’s argument was based on a technicality – he said that he had not been properly served with the court order. However, the court decided that he was fully aware of his obligations and was, therefore, able to comply. As he deliberately did not comply with his obligations, the court found his conduct to be so serious that it was necessary to order that Mr Barclay serve an immediate sentence of 42 days in prison.

The practical effect of this sentence was that Mr Barclay would spend 21 days in custody and 21 days on licence in the community.

This case reinforces the courts’ new-found willingness to impose custodial sentences to uphold their authority in financial remedy matters on divorce.

The Walton Case

In this case, Mr Walton persistently failed to comply with financial orders, including failing to provide full documentary disclosure, despite multiple warnings and opportunities to rectify his breaches.

The court ruled that he had deliberately failed to comply without justification and should, therefore, be punished by a suspended sentence for 28 days under a committal order. The sentence was suspended until the end of the financial remedy proceedings to ensure that any further non-compliance would trigger his imprisonment.

Impact of these cases

These decisions show that courts are becoming less tolerant of deliberate non-compliance. It should be noted that committal applications in financial remedy cases require certain steps to be complied with to ensure fairness. This includes the application clearly setting out how the order has been breached, and supporting evidence must be provided. The courts will consider alternative enforcement methods before resorting to imprisonment. The legal test to achieve a committal order is that an Applicant must prove beyond all reasonable doubt that the respondent breached a court order knowingly and without reasonable excuse.

Although the procedure remains strict, these recent cases serve as a clear warning that failure to comply with financial orders, including failing to provide full and frank documentary disclosure, can lead to serious consequences, including imprisonment.

How We Can Help

If you’re finding it difficult to ensure your ex-spouse engages in the divorce process, whether through negotiations or court proceedings, we can advise you on the best steps to move things forward and advise further on the consequences in your circumstances, should they continue to refuse to engage in the process.

Contact us today to connect with one of our experienced solicitors for expert guidance and support