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Is the Family Court committed to committal?
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The jurisdiction of England and Wales is renowned for its provision for the weaker party in financial remedy proceedings ancillary to a divorce. However what goes hand in hand with this and what is equally important is the emphasis judges here place on the importance of proper disclosure. As such it is one of the fundamental principles of the family law system that there should be full and frank disclosure and it is enshrined in the pre-action protocol (annexed to Practice Direction 9A of the Family Procedure Rules 2010 (FPR 2010)).
That said it is all very well for this disclosure principle to exist in the abstract but what happens if a party does not comply with this obligation? A family law practitioner will be all too familiar with persistent chasing in correspondence for disclosure and the threatening of court applications until finally an application for disclosure has to be made (often with penal notices attached). Sadly even a court order does not...
Read the full article here.
