To obey or not to obey a court order (definitely “obey”!)?

What happens if you ignore a court order during divorce proceedings?

A certain Mr Albert Doweck may be reviewing some of his decisions made during his divorce following a decision by District Judge Hammond sitting in court in Manchester earlier this month. Mr Doweck was held to be in contempt of court because he had repeatedly failed to comply with a court order (in this case it was do with answering questions about his financial situation in a divorce) even after the court had added a penal notice to the orders requiring him to act. Mrs Doweck asked the court to hold him in contempt of court and to commit him to prison as a result and the judge agreed he was in contempt of court.

What are the penalties for contempt of court?

We don’t know whether he will get a custodial prison sentence (which might be suspended as long as he then behaves), but it is one of the options available to the court as a penalty for contempt. Other options include having to pay his ex-wife’s legal costs, fines and unpaid work orders (community service by another name).

He might be able to purge that contempt (essentially apologise to the court and comply with the original order) if he does what he was asked to do relatively quickly.

People who have not been through the, often difficult and very expensive, court processes associated with the financial arrangements linked to a divorce may not understand the issues here – why this chap not answering some questions was so important.

Why complying with court orders matters in divorce cases

Those who have been through this process may have a better idea of the frustrations involved when one person will not do what they are supposed to and what they have been ordered to do by the court.

The issue itself is simpler than whether the answers to the questions he was asked would make a difference to the case – it’s about obeying court orders and, in doing so, showing respect to both the court and its processes but also the other person involved.

If the court makes an order requiring you to do something, you are expected to do it.

What should you do if you cannot comply with a court order?

If you cannot do it for a genuine reason, then there is quite often a mechanism to ask the court for more time (if that’s what you need) or to vary the requirement if you cannot fulfil it as it’s expressed. But you need to ask before you run out of time, not leave it until after the deadline has passed as you are likely to get far shorter shrift from the court if you cause a delay to the overall court process you are involved in.

Why courts expect their orders to be followed

Judges do not make orders for their own health and benefit. They make orders to progress a case in the most efficient and effective way possible and to conclude a case as legally fairly and appropriately as possible. If you ignore those orders, you have then wasted not only your own time and money but also the judge’s time and efforts, the court’s time, the taxpayers’ money before you even consider the other person in the case and their time, money and efforts too.

How ignoring a court order can affect your lawyers

If you ignore court orders, you also put your lawyers in a really difficult professional position. They are your advisors but they are all also officers of the court and it is really awkward to have to explain to the court why a client has not done something they should have or, at worst, ask the court to sever the connection between their client and their firm (come off the court’s record) if they too cannot get reasonable instructions from the client. And remember, you are paying for your lawyer’s advice and time – so if you delay or ignore and they have to chase you or prepare applications to come off the court’s record, you will end up paying for that work too.

Cooperation can help keep divorce proceedings more efficient

So, whilst it’s perhaps understandable that most people don’t particularly like their ex by the time they are involved in divorce and financial matters, please remember that you do not have to like someone to still show them the courtesy and respect you would, no doubt, want from them.

And, a little courtesy and respect to both the court and your ex could go a very long way in seeing matters resolved in a much more amicable and cost-efficient way.