Financial Dispute Resolution Appointment… but the Wife doesn’t attend

Background

• The Wife had a history of non-compliance with court orders. Prior to the FDA, the Wife had not provided her Form E.
• The Husband also had to make an application for the sale of the family home in advance of the FDA due to the Wife initially failing to agree. A costs order was made against the Wife at the FDA hearing.
• A penal notice was attached to the order made at the FDA to encourage compliance going forward and to ensure the Wife would file her Form E.
• The Wife did not provide her Form E on time. H had to make an application for enforcement. However, the parties were able to agree a timetable for exchanging documents and the hearing that was listed to deal with the application to enforce was vacated. The Wife had to pay the Husband’s costs of the wasted application.
• The Wife again failed in providing the required documents ahead of the FDR.
• he Husband had to make another application ahead of the FDR due to the Wife’s lack of compliance.

Outcome

On the day of the FDR, the Wife did not attend and therefore the FDR was ineffective.

The Husband’s application was dealt with through directions and a costs order made in his favour.

There are now three costs orders against the Wife.

For assistance with finance matters, including enforcement and costs, contact clerks@anvilchambers.co.uk