When Financial Remedy Proceedings Come To An End, Is It Really The End?

• Published date: 11 January 2024
• Law Firm: Wright Hassall
• Author: Ms Laura Stocks

The family court has a wide discretion to make various orders on divorce, including for the sale and transfer of property, transfer of pensions and maintenance to name a few. In most cases the parties subject to these orders do what they need to do to implement them, but what people don't always realise is that where a party doesn't comply with their obligations there are no automatic sanctions for not doing so and the onus is on the aggrieved party to take the matter back to court by way of an application for enforcement.

Last year I represented the successful applicant in the case of H v W, a case where there was zero compliance from the respondent with the various orders made against her. This case was quite stark in that the respondent not only failed to comply, she actively prevented my client from carrying out his obligations under the order which caused him...