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 LexisPSL on 12/02/2018

The following Family Q&A produced in partnership with Ruth Cabeza of Harcourt Chambers provides comprehensive and up to date legal information covering:

  • 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 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

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