A LAW firm has warned former partners who continue to ignore divorce settlements could face prison as judges introduce tougher sanctions.
Ward Hadaway says courts are taking greater action against people who fail to abide by rulings, after a property tycoon was jailed for six months for not paying his wife £1m maintenance payments.
The firm, which has offices in Newcastle, says the man, who had been ordered to pay his wife £27,500 a month in maintenance in 2009, paid nothing, claiming he was bankrupt.
It said he was given a number of chances by the courts to prove was penniless, but failed to present any evidence and was given the jail sentence, with a judge describing his actions as a “flagrant and deliberate contempt.”
Jonathan Flower, Ward Hadaway partner and head of its family and matrimonial team, said the case could mark a change in the court's approach to people who refuse to comply with orders.
He said: “Family lawyers are well aware of the sanctions the court can impose for non-compliance with an order, however, it is very rare for a party to be sent to prison for contempt of court.
“Judges are usually reluctant to use this punishment as it is seen as too draconian. “Some clients feel, therefore, that the courts can be too lenient on wayward spouses who do not comply with court orders.
“It may well be that judges are set to clamp down on litigants who breach orders.
“If this is a taste of things to come, it could have quite a profound change on divorce cases, particularly those which are closely contested and where there are substantial assets at stake.”
The law firm acts in divorce cases, which includes acting against people who refuse to provide full and frank asset disclosures.
Mr Flower said: “During these difficult economic times parties often plead poverty and claim their business is failing or that the value of their assets has plummeted.
“If these claims are not fully substantiated or if lawyers representing the other spouse uncover evidence to the contrary, the consequences for the spouse concerned could be more than just financial.
“While this case is an extreme example, it does demonstrate courts are not afraid to impose custodial sentences on people who disregard rulings in divorce cases.”
Comments: Our rules
We want our comments to be a lively and valuable part of our community - a place where readers can debate and engage with the most important local issues. The ability to comment on our stories is a privilege, not a right, however, and that privilege may be withdrawn if it is abused or misused.
Please report any comments that break our rules.
Read the rules here