Q&As

A party to financial remedy proceedings has failed to provide pension information in accordance with a direction of the court because the pension provider has refused to provide it. Can the other party to the proceedings seek a penal notice and if so, on what basis? How would such an application be opposed?

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Published on LexisPSL on 10/02/2021

The following Family Q&A provides comprehensive and up to date legal information covering:

  • A party to financial remedy proceedings has failed to provide pension information in accordance with a direction of the court because the pension provider has refused to provide it. Can the other party to the proceedings seek a penal notice and if so, on what basis? How would such an application be opposed?

A party to financial remedy proceedings has failed to provide pension information in accordance with a direction of the court because the pension provider has refused to provide it. Can the other party to the proceedings seek a penal notice and if so, on what basis? How would such an application be opposed?

Where information required within financial remedy proceedings has previously been subject to a direction or order and has not been provided, it is common for the court to be asked to attach a penal notice to the order or direction, breach of which may result in committal to prison. Some courts will require that a formal notice of application is lodged and a hearing fixed to decide whether a penal notice is appropriate. Other courts will grant a penal notice without notice and without the need for a formal hearing. It is therefore necessary to check the practice of the appropriate court, see Practice Note: Standard directions on an application in Form A, in particular section: Failure to comply with standard directions.

The evidence required in support of such an application will largely be dependent on the circumstances of the case. The application notice must state the order sought and briefly why the applicant

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