Alsager 006 e1608107230760 - Financial Proceedings  – Refusal to comply & costs order

Financial Proceedings  – Refusal to comply & costs order

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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 - Financial Proceedings  – Refusal to comply & costs order
FamilyDepartmentTeam 084 - 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.

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Testimonials

Thank you for the outcome of my case. I found Nicola and Cheryl extremely approachable and very professional. They offered me such support and guidance in my case. They also kept me informed whenever needed.

I never had to wait long for an appointment and any problems that arose were dealt with.

Thanks once again for all the support you have given to me.

C R

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Testimonials

I used Poole Alcock for my divorce. On my first meeting with Jane Jacques I was in a complete state of panic about what was happening. She immediately put me at ease and I felt confident that my case was going to be in the right hands. From the outset everyone was very professional but at the same time very caring.

It was unfortunately a very difficult, drawn out case, but every dealing I had with Jane left me feeling positive and confident.

I was kept informed every step of the way and Poole Alcock were very upfront about the process and the expected costs.

At one point I had to deal with another solicitor – Nicola Deakin. Nicola was also lovely, professional and caring. The barrister appointed by Poole Alcock was excellent. Mr Julian Shaw was extremely experienced and knowledgeable and did a fantastic job in court for me.

As my case now draws to a close I can’t thank the team at Poole Alcock enough. I wouldn’t hesitate in recommending the firm and especially Jane Jacques to anyone requiring a family law solicitor.

HW

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Testimonials

Can I take this opportunity to thank you for your work  with my daughter on this case.

Your professionalism and dignity has been noted and you have the patience of a saint when dealing with the other party involved.

Some of the matters covered have been very sensitive and you have handled matters accordingly.

Thank you for your input and I wish you well in your future career.

Mrs A W

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Testimonials

I want to thank you all, for the work you have done. Helen you are great at your job.

Fingers crossed I can try to get on with my life. But if I do need your help in the future I will get in contact with you.

D C – Family Client

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Testimonials

I have engaged with Poole Alcock solicitors over a period of time and have found the level of service, professionalism and specifically legal knowledge to be of the highest standards. The attention to detail, amicability and personal level of service one receives is outstanding. I would highly recommend the services of Nicola Deakin specifically. Nicola is a consummate professional of the highest calibre and on a personal note, a marvellous individual to work with and to have supporting you. I could not praise Nicola enough for the quality of service that has been provided. I will be engaging with Poole Alcock without hesitation for all my future legal requirements.

S Orton

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Testimonials

My thanks to Richard, he was brilliant and I will be using him and his team to steer me through this process.

MP

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