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 LexisPSL on 22/10/2019

The following Family Q&A produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • 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?

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 LexisNexis®) a suspended committal order of 14 days was made for breach of an order to file a statement of means in Form E, the period of suspension being 11 days. See Practice Note: Standard directions on an application

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