Member Article

Divorcees Who Breach Court Orders Could Face Prison

DIVORCEES who fail to comply with court orders relating to money and assets could now face prison, according to a warning from Leeds based LCF Law, after a recent case saw an ex-husband, who was going through an acrimonious divorce, jailed for contempt of court.

Every case involving disputes between married couples, about money and the division of assets, involves a court order instructing them to disclose information and not dispose of assets until the case is resolved, but these are regularly breached.

However, in a recent case at Newcastle-Upon-Tyne’s Family Court, an ex-husband and his new wife were sentenced to prison for contempt of court after they breached financial orders that were made after his first marriage collapsed.

Andrew Trott failed to comply with court orders that prevented him disposing of several matrimonial assets including a car, a caravan and money from the sales of shares in a business. In addition, his new wife delayed disclosing bank statements and documentation about a property purchase.

Mr Trott was sentenced to nearly four months in prison for the breaches and his new wife was sentenced to 14 days imprisonment, which was suspended for 12 months.

Rachel Spencer Robb, head of family law at LCF Law, explains: “Despite court orders being extremely common in divorce and family proceedings, it’s a common complaint that people often fail to comply with them. Previously this might have resulted in a telling off from the judge and more time being granted to comply, but a recent consultation from the Law Commission appears to have resulted in a new and much tougher stance.

“This means people can’t afford to ignore court orders or else they could face severe consequences and in the worst case scenario, this now means prison. It’s also vitally important to understand the detail in court orders as well as the timetable surrounding them in order to avoid potential punishments, because ignorance is no excuse for breaking the law.”

LCF Law is a leading commercial law firm that works with both businesses and private individuals. The long-established firm employs more than 130 people across offices in Leeds, Bradford, Harrogate and Ilkley.

This was posted in Bdaily's Members' News section by Steven Wright .