Q&As

The standard order financial remedy omnibus issued by the President of the Family Division contains the wording—‘Warning: if you do not comply with this order, you may be held in contempt of court and you may be sent to prison, be fined, or have your assets seized’. Is this a penal notice, or simply a warning? Does it only need to be included if the order includes undertakings, or does it need to be included irrespective of whether the order includes undertakings?

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Produced in partnership with Ruth Cabeza of Harcourt Chambers
Published on: 12 February 2018

The wording referred to above is a penal notice, in that it warns the litigants that they are at risk of committal, with its ensuing consequences, if they fail to comply with the terms of the order made. However, this warning is not directed at a particular party, does not warn them of their right to get legal advice and does not specify which of the directions in particular would trigger a committal order being made. In contrast the wording on the standard order:

has a more comprehensive penal notice, similar to the warning

Ruth Cabeza
Ruth Cabeza chambers

I am a self employed barrister specialising in family practicing from Field Court Chambers London, where I have been a tenant since 2001. My practice has always included matrimonial finance, public law children and adoption and private law children. Presently the majority of my instructions in all areas of my practice involve an international element. I also act in cases where a child has suffered very serious injuries. In the last few years I have been pleased to develop an appellate practice and have acted in several appeal cases where I have not been instructed at first instance, including a complex second appeal to the Court of Appeal in 2015. I have been instructed as an expert on the application of international adoption law in public law children cases. I am an experienced speaker at lectures and conferences on child law matters, particularly international adoption and international surrogacy law, which are areas that I have particular expertise in. I regularly contribute articles to key legal journals on topical legal issues.

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Jurisdiction(s):
United Kingdom
Key definition:
Financial remedy definition
What does Financial remedy mean?

A financial order is a type of 'financial remedy' within proceedings for divorce, dissolution, judicial separation or nullity.

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