Q&As

The respondent to financial remedy proceedings, who resides in the US, has been personally served with the application but has not responded nor complied with the standard directions, including as to the filing of a Form E. What further steps can be taken to progress the matter and what orders should be sought at the first appointment?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on: 22 October 2019
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Where a party fails to engage in financial remedy proceedings (whether or not they are resident abroad) and the court is satisfied that service has been effected, there are a number of options that can be taken by the other party to progress matters.

A common first step at a first appointment will be for the court to order that the recalcitrant party file their Form E and other relevant documents, backed by a penal notice. Ordinarily the court will give the party another opportunity to comply, and the threat of committal proceedings by virtue of the penal notice is often enough to achieve this, for example, in Ball v Shepstone [2013] EWCC 7 (Fam) (not reported by

Chris Bryden
Chris Bryden

Barrister, 4 King’s Bench Walk

Chris was called to the Bar in 2003 and since that time has built a busy practice across a range of areas, with an emphasis on Chancery practice. He enjoys a well-deserved reputation for his knowledge and expertise in each area. He appears regularly in the County Court, Family Court and the High Court as well as various specialist Tribunals, and has been involved in cases up to and including the Supreme Court. He regularly is instructed at Appellate level. He has extensive and wide-ranging experience particularly in the areas of wills, probate and inheritance disputes; property including adverse possession, boundary disputes and issues arising out of trusts of land; company and commercial work and financial remedies. Chris is head of the Family Group and head of the Property Team at 4KBW.

Chris is the author of numerous articles in publications such as the New Law Journal, Counsel and Family Law, amongst many other titles, and is the co-author of Social Media in the Workplace: A Handbook (2015, Jordan Publishing).

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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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