When resolving matrimonial finances, the first port of call must always be attempting out of court options such as mediation.
I regularly represent clients who follow this advice and do all of the right things to try and settle matters amicably however they end up stuck in the process because their spouse simply will not compromise or cooperate. This leaves them in a position where they have no choice but to take matters to court, despite the financial cost, emotional burden and significant delays associated with this litigation.
In a recent case, I acted for a client whose wife consistently delayed the process. She delayed the mediation by not providing financial documents and cancelling sessions. This left my client feeling extremely frustrated, helpless and worried that no end was in sight.
Financial remedy proceedings were issued and the wife continued to show no respect for the process by not complying with court deadlines.
At the first hearing, we were able to secure a penal notice against her, which is a warning that failure to comply with any more deadlines would put her in contempt of court, which is punishable by up to 2 years imprisonment. This provided the client with reassurance that there would be consequences for his wife’s poor conduct.
While we will always aim for amicable, out of court solutions, unfortunately in some cases, the firm hand of the court is necessary. In this case, and others like it, it is critical to enforce compliance to protect our client and secure a fair outcome for both parties.
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