Case Study 2 – Financial Proceedings – Refusal to comply & costs order

Our Services Contact Us

Refusal to comply & costs order

After being informed by her Husband that the marriage was over, the Wife instructed us to move matters forward so she could draw a line under the marriage and move on. The divorce proceedings themselves progressed without any difficultly or delay but the Husband had a reluctance to agree to any settlement with the financial matters.

After attempts to resolve the financial matters without seeking the Courts intervention it became apparent that the Husband was simply not going to engage on a voluntary basis and Court proceedings were inevitable to achieve the settlement that the wife sought and required to allow her to move on. The Husband continued to refuse to engage and despite being ordered by the Court to do so, refused to provide any documents and refused to attend the Court Hearing on two occasions.

FamilyDepartmentTeam 024 - Case Study 2 - Financial Proceedings – Refusal to comply & costs order

FamilyDepartmentTeam 084 - Case Study 2 - Financial Proceedings – Refusal to comply & costs order

Whilst the Court normally will not look to make Orders that one party should pay for the other parties costs in Family Proceedings, it also must give consideration to certain conduct and behavior. In this case, the Wife was paying legal costs for us to prepare the documents needed for the Hearings and paying to be represented at those hearings but little progress could be made due to the Husband conduct and refusal to comply with the Court Orders.

Whilst at the first Hearing, we made an application in person, for the issue of costs to be reserved to the next hearing as we anticipated that the Husband would still refuse to comply. We then made an application in person, at the second hearing that a costs order be made for the Husband to pay the Wife’s ‘wasted’ costs to that stage of the proceedings. The Judge granted this request and the Husband was ordered to pay the Wife’s costs. We also invited the Court to made an Order that if the Husband did not attend on the next occasion that a Final Order would be made in his absence. The Judge did so and lo and behold the Husband attended the next scheduled Hearing!

A Final Order was achieved in this case and the Wife secured the financial security and property that she required to move on with her life.

Nicola Jones

Partner - Child Law (Care Team)

Crewe

Richard Barratt

Partner - Head of Divorce & Family Law, Collaborative Lawyer

Nantwich – The Dowery

Amie Pine

Partner - Divorce & Family Law Team

Nantwich – The Dowery

Cheryl Cooper

Legal Executive - Child Law (Care Team)

Crewe

Arrange A Consultation

Please submit your information and a member of the Poole Alcock team will respond to you as soon as possible. If you have a quick question, please feel free to call 0800 389 7093

Testimonials

I just wanted to say thank you for always believing in me. I will be forever thankful to you for always understanding me. Its like you were in my head the whole way through. You’ve been by my side for almost a year now and it meant a lot that ...read more

Family Client

Testimonials

I just wanted to say a huge thank you to you and your wonderful colleagues for all your help, advice and support over the past 18 months, onwards and upwards now!!

CW

Testimonials

I recommended a friend of mine to use Jane Jacques at Poole Alcock as his family solicitor as I found her to be highly professional and experienced. I was also aware that Jane is appointed by the Cheshire Police Federation ...read more

HR

Testimonials

I would highly recommend Poole Alcock Solicitors and their very friendly staff. From the very first meeting I was made to feel at ease, with patience and understanding at a very emotional and tricky time. Throughout the process, everything was explained ...read more

MW, Cheshire

Testimonials

Many thanks for your help and support I greatly appreciate everything you have done for me and my kids. I couldn’t have gotten a better a solicitor…again, thank you very much.

Mr D, Cheshire

Testimonials

Could you please pass my thanks to Richard for being so helpful, informative and generous with his time.

He gave me a really clear picture of all the options and processes involved. ...read more

Mr R

Latest News and Events

News: Litigation

Founding Father of Matalan Suing PwC over bad advice

21st May 2020

Thursday 9th April 2020, 9.30am – Covid19 and Employment Law

News: PropertyResidential Property

COVID-Secure Move Checklist

13th May 2020

FamilyDepartmentTeam 001 1 1024x683 - Case Study 2 - Financial Proceedings – Refusal to comply & costs order

Get a FREE copy of ‘Poole Alcock Insight’, our eMagazine

Welcome to our brand new look emagazine Poole Alcock Insight. In this first edition we take an in-depth look at some of the services which may be key for many of our client right now during this period of extended lockdown

View all posts

Sign up to our eMagazine

Poole Alcock LLP is a Limited Liability Partnership and is authorised and regulated by the Solicitors Regulation Authority. Registered in England and Wales at: 2nd Floor, 34-36 High Street, Nantwich, Cheshire, CW5 5AS. Telephone: 01270 625478. LLP registration number 0C310420 Poole Alcock LLP has offices in Alsager (SRA No: 408249), Congleton (SRA No: 408248), Crewe - Nantwich Road (SRA No. 639144.), Nantwich - The Dowery (SRA No: 408250), Nantwich - High Street (SRA No: 408247) and Sandbach (SRA No: 408252) The firm's VAT number is 278 8524 07. A list of members is available for inspection at any of our offices. We use the word "partner" to refer to a member of the LLP. All solicitors are subject to rules and principles of professional conduct. The SRA Standards and Regulation including our code of conduct can be found at SRA | SRA Standards and Regulations | Solicitors Regulation Authority

Terms & Conditions Privacy Policy Privacy Policy for Employees Cookies Policy Complaints Policy

Website design and development by Clicky Media

Coronavirus Advice

Services For You

Business Services

Our Offices

Committed to excellence

Case Study 2 – Financial Proceedings – Refusal to comply & costs order