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Penalty on ex-husband for disobeying Court Order?

  • gravitino
  • gravitino's Avatar Posted by
  • Senior Member
  • Senior Member
12 May 12 #330183 by gravitino
Topic started by gravitino
My partner''s ex-husband has a predictable tendency to fall out with his professional advisers over their fees: his accountants, his divorce lawyers, etc.

Now my partner has heard from her divorce accountant that her ex-husband has dismissed his divorce accountant. As a result, all the work that his accountant was doing to organise the ''demerger'' of the ex-husband''s assets to my partner has come to a halt. This works in his financial favour because the longer he hangs on to these assets, the more interest and rent he accrues.

The court order resulting from the FDR explicitly requires that ''the Husband shall procure the demerger to be effected ...forthwith upon HMRC clearance ...''. As all parties agree that HMRC clearance has been obtained, the ex-husband would seem to be in direct violation of the court order.

My partner''s accountant says he has no power to force the ex-husband to resume this demerger work.

What this would seem to mean is that my partner will have to reactivate her divorce solicitor (who has a substantially higher hourly rate than her accountant).

Can my partner get all her resulting legal and accounting costs from her ex-husband?

Can a financial penalty be extracted from the ex-husband for his wilful contravention of the Court Order?

Both ex-spouses signed a declaration that if they break any of their promises to the court, they might be sent to prison for contempt. Is this the sort of incident for which an ex-spouse might be sent to prison?

My partner is just trying to build a case, in terms of the possible consequences, so she can write an email to her ex-husband to jolt him into action without her having to incur heaps of legal fees.

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