The enforcement powers of the Court for non compliance of an Order were brought to the fore in a recent high profile divorce.

Scot Young, the former property tycoon was committed to prison on 16 January for 6 months, for failing to provide financial information to his former wife as ordered by the Court at a previous hearing.
 
The case between him and his former wife has a very long history, summarised by Mr Justice Moor, the presiding Judge:-

‘in essence, the husband says he is penny less and bankrupt.  The wife, on the other hand, contends that he is a very wealthy man worth up to £400m.  She says he has hidden his entire resources to avoid his legitimate obligations towards her and the children.’

It is a fundamental requirement within financial proceedings arising from a divorce, for each spouse to provide full and frank disclosure of their financial situation.  Despite orders requiring Mr Young to respond to requests for information by Mrs Young, he did not comply.  The Judge found him to be in contempt of Court and to have deliberately failed to comply with the Order.

Led away in handcuffs and carrying a Louis Vuitton overnight bag, Mr Young began a 6 month prison term.

This Judgment should serve as a warning to divorcing couples, that tough penalties may follow if there is a flagrant disregard of Court Orders.

If you require advice or guidance in relation to matrimonial difficulties, please do not hesitate to contact Liz Hebden on 01756 700200 or eah@walkerfoster.com