Call us 0800 470 0331

Financial Proceedings – Refusal to comply & costs order

26 April 2022

Divorce & Family

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.

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.

How Can We Help?

Our experienced solicitors at Poole Alcock are on hand to support you with a range of legal services.

Free Consultation

If you would prefer, you can contact us on 0800 470 0335.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Related Insights

Sign up to our newsletter

apply area-criminal area-divorce area-employment area-home area-motoring area-personal arrow_downarrow-left-long arrow_leftarrow-right-long-menu arrow-right-long arrow-right asbestos-claimsbenefits-health benefits-incentive £ benefits-nursery benefits-pension blueprintbottom-wave-180 bottom-wave buildingsbusiness-services calendarcertificationcharitychat checklist clockcommercial-propertyconveyancingcriminal-defencecrossdefencedisputesdivorce-family divorce documentsdownloaddrink-drivingeducationemail-altemail-outlineemail employmentevent-calendarfixed-fee-divorcefor-salegravelheartbeathero-wave home-searchhospitalhousehricon_laptop_add icon_purchase_new icon_purchase_standard icon_quill icon_remortgage icon_sale_purchase icon_sale icon_tick icon-feather-mail icon-user input-error input-upload input-valid job-descriptionlegal-aidlitigationmap-marker map-pinmoneypersonal-injurypersonal-services phone-primary phone play propertyremortgagesearch-primary searchseparationsocial-facebook social_googleplussocial_instagramsocial_linkedin_altsocial-linkedin social_pinterestlogo-twitter-glyph-32social_youtubesoldtenanttick_circle_green ticktoggle-cross traffic-accidenttreewill-probatewillwrite-a-will