Alsager 006 e1608107230760 1024x411 - Financial Proceedings  – Refusal to comply & costs order

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 - 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.

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.



Thanks again Helen.  Seven years of fighting and we did it!

Ms A, Cheshire


Many, many thanks Helen. You have been a massive help for me. I will never forget your help. I am very happy at the outcome, I was treated with great respect which put me at ease at a time of stress and heartache. I felt I was not on my own and had more

Mark Gregory


Thanks again for all your help and guidance over the last few months



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


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!!



I thank you from the bottom of my heart for helping me, supporting me, moreover believing in me and helping me to see that I am worthy of being so happy in myself and achieving my goals.

Everybody has difficult times and most worse than me but more


arrow-down-white arrow-left-white arrow-right-white arrow-right call cloudicon_laptop_add icon_purchase_new icon_purchase_standard icon_quill icon_remortgage icon_sale_purchase icon_sale icon_tick phone-call search skull social_facebook social_instagram social_linkedin social_pinterest logo-twitter-glyph-32 social_youtube speedo stars tail-right (1)Created with Sketch. tail_right tick_circle_green tick_circle Mask