In the recent case of Hart v Hart & Others [2018] EWHC 2894 (Fam) a husband and wife were subject to divorce proceedings, during which, a Financial Order was made in 2015. The Order included a requirement for the transfer of shares in a property company. The husband’s sister had legal control of the property company and so she and the company were joined to the proceedings.
In February 2016 the husband, sister and Company consented to provide certain information about the Company but failed to do so. A further Order was made in July 2016 requiring the provision of the information but again it was not provided.
In September 2016, the wife applied to commit the husband, sister and Company to prison for contempt of Court as a result of their failure to provide the information, in breach of the Court Orders. The matter came before the Court on 26th October 2018 and it was found to have been within the power of both the sister and the Company to do as they had been ordered and the wife’s committal application was allowed.
Contempt of Court is a serious matter which can result in a fine or imprisonment meaning it is extremely important to comply with Orders of the Court.
If you would like advice on any of the issues raised in this article you can contact our specialist family team on 01524 846846.
