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?
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
To view the latest version of this document and thousands of others like it,
sign-in with LexisNexis or register for a free trial.