Alsager 006 e1608107230760 1024x411 - 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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Thanks again Helen.  Seven years of fighting and we did it!

Ms A, Cheshire


Thank you very much for all your hard work, time and preparation. I can’t thank you enough for all your kindness and support, my family and I are very grateful.

S H – Family Client


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


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. more

Mr R


I would like to take this opportunity to express my gratitude for all your help and support, and providing such an excellent service. You made such an emotive experience more bareable.

As you dealt with all the paperwork required for court, more

SH – Family Client


I visited Jane recently at the new offices in Congleton. The offices are beautiful and very well situated. Jane Jacques is a credit to her profession – extremely knowledgeable and incredibly professional. Jane took more


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