The Importance Of Engaging With Court Proceedings

Upon receiving paperwork from the Court, confirming that your spouse or civil partner has issued financial remedy proceedings, it is extremely important that you take proactive steps as soon as possible. This is regardless of whether you wish to represent yourself or intend to instruct a solicitor to represent you.

The documents which you receive from the Court will set out a clear timetable of when documentation is required to be sent to the Court and served on the other party. Failure to comply with these directions can lead to serious consequences.

In reality, it is unusual for a person to completely refuse to engage in the proceedings. Although it can be frustrating to be the party complying with the directions, dealing with the frustration that comes with the delay, and the sometimes increased costs associated, the Court will not want to see the matter prolonged unnecessarily.

Should hearings be ineffective due to a party’s failure to comply, the Court can (and often will) make a costs order against them. This being one of the rare circumstances in family remedy proceedings whereby the Court deem cost orders to be appropriate.

Ultimately, if the other party is aware of the proceedings and is intentionally failing to comply with the directions, the Court can make a final order in their absence.

This was reflected in the very recent case of G v N [2025] EWFC 286 (B). In this case, the Husband had issued financial remedy proceedings. The parties had been separated some 30 years at the time of the application, and he was seeking an order that the family home was transferred into his sole name along with a clean break order. Since separation, the Husband had been responsible for paying the mortgage without any financial assistance from the Wife. At the time of separation, the mortgage equated to 90% of the value of the property, but in the years since, the husband had repaid the mortgage in full.

The Husband had gone to lengths to ensure that the Wife was served with the orders. She failed to engage and she did not attend the final hearing.

The Judge was content that the Wife was aware of the proceedings and on the evidence available, was satisfied that the Husband had an “undeniable argument” that the property should be transferred into his sole name. Whilst the Husband in this case did not make an application for costs against the Wife, the Judge was clear that they were “very prepared to entertain” such an application, given the continued failure by the Wife to engage.

This outcome evidence reinforces how robust the Court’s approach is, when dealing with failure to engage. It should also serve as a warning to anyone who does not intend to engage with the process with the hopes that it will simply go away, or with the incorrect thought process that the Court cannot make an order if they do not attend hearings.

How Forbes Can Help

Experienced Family Law Solicitor Rachael Sutcliffe provides clear, practical advice on financial remedy proceedings and all aspects of Family law. Forbes Solicitors offers nationwide support, with consultations available via telephone, video call, or in person at any of our offices. Whether you are facing complex financial matters following separation, require assistance with Court timetables, or simply need expert guidance on your next steps, our dedicated Family law team is here to help. To speak with a specialist or arrange a confidential consultation, contact us today on 0800 689 1058.