Husband imprisoned for contempt of court in divorce case

Arrested male businessman with handcuffs

Contact

Claire Andrews

Table of Contents

Non-compliance with any court order is dealt with seriously as contempt of court and carries the risk of a prison sentence. The family court is no different and recently sentenced a former husband to six weeks’ imprisonment – unless he paid a £50,000 lump sum due under a financial remedies order.

Claire Andrews is a specialist divorce lawyer at Osbornes Law and is highly experienced in helping clients negotiate a fair financial settlement and protecting their interests throughout. If your former spouse is not fulfilling their financial obligations to you or you’re concerned they may be hiding assets, get in touch with Claire for urgent help.

What happened in this case?

This was a high value divorce case with the proceedings culminating in a 6-day financial remedies hearing in which the wife was awarded a lump sum of £5,878,732. The husband was ordered to pay an initial instalment of £50,000 the next day, with the balance payable in two tranches – one a couple of weeks later and the other two years hence.

The husband had told the judge that the £50,000 was not, in fact, available – but the order was made anyway. A judgment summons was issued for non-payment of the initial instalment and an order was made.

At the committal hearing in the Family Court on 17 May 2021, the husband did not attend or give evidence. Even so, the judge ruled that he was satisfied on the wife’s evidence that he did have the means since the date of the original order to pay the first instalment due and had either refused or neglected to pay it. He committed the husband to prison for six weeks from 1 June if he had not paid the initial £50,000 due to the wife.

The husband appealed but failed. He tried to satisfy the appeal judges that the Family Court judge could not have been satisfied beyond all reasonable doubt that he had £50,000 available, “such that the court could be satisfied that he was in default by refusal or neglect such as to impose a sentence of six weeks”.

However, the Court of Appeal did not accept that explicit evidence was necessary to prove the money had not been paid. The judge was entitled to draw proper inferences from the evidence that before him, which might include an inference that unless there were some reason to believe to the contrary the original default was continuing.

The judge was, therefore, entitled to conclude beyond reasonable doubt that the £50,000 was still outstanding.

You can read the ruling in Haskell v Haskell [2021] EWCA Civ 1295 here

How can we help?

Our expert divorce lawyers are highly experienced in negotiating financial remedies settlements and securing fair and effective financial remedies orders from the court. We also have the capabilities to take prompt action where a former spouse is in default.

Osbornes Law are leading divorce lawyers in London. The firm is ranked in the legal directories and has been named one of the best law firms in England since 2019. We have two offices based in Hampstead and Camden. The firm is also shortlisted as London Family Law Firm of the Year 2022 at the Family Law Awards.

Claire Andrews is a specialist divorce lawyer with a particular emphasis on complex high net worth cases often involving a trust element.  She is also featured in The Legal 500 as a recommended lawyer.

To speak with Claire, please call, or complete an online enquiry form.

Share this article

  • “Osbornes handle a significant amount of complex, high-value divorce work.”

  • “The family law team at Osbornes is one of the strongest in London; across all areas of work from international cases, financial and children work, Osbornes is a market leader.”

Get Expert Legal Advice Today Our experienced team offers clear, practical advice tailored to your needs Get Expert Guidance

Contact Claire today

Email us Send us an email and we’ll get back to you






    • Claire Andrews is one of the best of the younger crop of partners in London. She has client care skills in spades and is understanding and empathetic whilst keeping a focus on the right strategy.

    • "Claire Andrews is an associate to watch. Tenacious, diligent, professional and astute. She is very impressive."

    More Insights from ClaireVIEW ALL

    1. flowers in a vase
      5.9.2024

      Legal Separation vs Divorce

      Legal separation and divorce are two distinct paths for couples facing marital difficulties. This article explores the key differences between...

      Read more
    2. 2 people working out finances
      1.8.2024

      What is a Lump Sum Order?

      A lump sum order is a crucial element of divorce settlements that can significantly impact the financial future of both...

      Read more
    3. home in hyde park
      25.7.2024

      What is a Property Adjustment Order?

      A property adjustment order is a key legal mechanism used during a divorce to fairly divide property and assets between...

      Read more
    4. signing contract
      30.10.2023

      What is a Conditional Order?

      The introduction of no-fault divorces in England and Wales removed the need to assign blame for the breakdown of a...

      Read more
    5. man signing paperwork
      29.10.2023

      What is a consent order?

      Most divorcing couples agree on how their finances will be divided without going to court. A consent order is what...

      Read more
    6. Two rings on the background of the lgbt flag
      31.3.2022

      10 Interesting Facts About Same Sex Marriage and Divorce

      Eight years after same-sex marriage was written into law, we’re looking at these major life events by the numbers.  1....

      Read more
    7. signing contract
      28.2.2022

      Decree Nisi

      Update: With the introduction of no-fault divorce in April 2022, a Decree Nisi became a Conditional Order, and a decree absolute...

      Read more
    8. Arrested male businessman with handcuffs
      2.11.2021

      Husband imprisoned for contempt of court in divorce...

      Non-compliance with any court order is dealt with seriously as contempt of court and carries the risk of a prison...

      Read more
    9. same sex divorce
      19.10.2021

      The Same-Sex Divorce Process

      What Happens When a Same-Sex Relationship Breaks Down? Recent news of Rylan Clark-Neal and Dan Neal’s divorce after failing...

      Read more
    10. wedding rings
      19.10.2021

      Decree Absolute

      Update: With the introduction of no-fault divorce in April 2022, a Decree Nisi became a Conditional Order, and a decree absolute...

      Read more
    11. broken heart
      24.9.2020

      Understanding Marriage Annulment

      In this article, we will delve into the topic of marriage annulment, providing you with essential information about this legal...

      Read more

    VIEW ALL