16 months ago I was in a court room with my client – the wife – and our barrister, at a final financial hearing where the judge was deciding how the marital assets were to be divided following the parties’ divorce.
Not an unusual situation in itself, but what was highly unusual was that the neither the husband nor his legal representatives were there. The husband had also not provided any financial information about his assets; income; pensions etc. to the court or to my client.
Going to court? Use your legal representation
Despite having a high-flying legal background (although not in family law), and having legal representation from the outset of proceedings, the husband had not complied with any court orders or directions, nor had he engaged or communicated with his own lawyer or the court – or us. A final financial order was made even though the husband was not in attendance, and the husband was ordered to pay a significant amount towards our client’s legal costs.
That should have been the end of the matter, but some 15 months later, I was back in court with the wife and our barrister to oppose the husband’s application for permission to appeal the decision made more than a year earlier.
The upshot of all of this? The husband was unsuccessful and he now has to pay not only his own substantial legal fees but also a large proportion of our client’s legal fees.
So, what can be learnt from this case?
- Listen to your lawyer’s advice. They are onboard to support you with their expertise and experience.
- Communicate with your lawyer; there is always a reason that they are writing to you. Ignoring correspondence will simply cause problems and delays further on.
- Comply with court orders and the court’s directions. Non-compliance will usually result in sanctions being imposed, unless there are very good reasons for not following an order.
- Be open and pragmatic. Engage with the court and the other side. Most cases do not end up in court and are settled by negotiation.
- Attend court hearings or you may have a decision imposed on you that you are unhappy with.
The judgement in the above appeal is in the national archives and can be read here.
Clear and sensible advice
If you would like advice on your family law issue, please contact our Family Team or call 020 8944 5290. We offer an initial advice consultation which is charged at a fixed-fee of £250 + VAT. More information about our services and fixed-fee packages can be found here.