A recent case in the Central Family Court involving a prominent international football player and his former TV presenter wife underscores the court’s firm stance on financial disclosure and compliance with court orders during divorce proceedings.
Background of the Case
The couple married shortly after meeting and had one child, but their relationship was hindered by the husband’s frequent relocations due to his football career. After just over three years of marriage, the wife filed for divorce. Initially financially supportive, the husband withdrew this support when the marriage ended, leaving the wife, who was not employed and focused on childcare, in a difficult position. Meanwhile, the husband was projected to earn approximately £891,600 in the current football season.
Legal Proceedings
As financial remedy proceedings began, the husband first challenged the court’s jurisdiction and then disengaged entirely from the process. Key developments in the case included:
In October 2023, the court ordered Maintenance Pending Suit (MPS) and a Legal Services Payment Order (LSPO), which the husband failed to comply with.
In January 2024, the court mandated the husband to complete a Form E, detailing his financial status, and issued an Attachment of Earnings Order to enforce his maintenance obligations. The wife had already submitted her Form E five months earlier.
In March 2024, the husband did not attend a scheduled court hearing and continued to neglect the MPS and LSPO orders. Due to his non-disclosure of certain bank account details, the court ordered Third Party Disclosure from banks.
The court expedited the Final Hearing to April 2024, driven by concerns that the husband might leave the jurisdiction. However, he submitted an incomplete Form E1 instead of the required Form E and provided an inadequate Section 25 statement, falling short of full disclosure expectations.
Court’s Findings
Throughout the proceedings, the husband exhibited evasive behaviour, even denying his ability to speak French despite evidence to the contrary. He claimed that various properties he owned lacked addresses and refused to provide necessary information, which the court criticized harshly.
The wife’s legal team faced significant challenges due to the husband’s conduct, resulting in approximately £187,153 in legal fees by the Final Hearing. Consequently, the court ordered the husband to pay £50,000 toward these costs, in addition to two other cost orders amounting to £15,549 and £19,228.
Implications and Future Considerations
This case reiterates the fundamental principle that parties in financial remedy proceedings must provide clear, full, and honest disclosure. The court’s strict approach to non-compliance serves as a reminder to all divorcing couples of their obligations during these proceedings.
In retrospect, the couple might have benefitted from non-court dispute resolution (NCDR) methods, such as arbitration, which could have provided a more cost-effective and private outcome. However, for NCDR to be successful, the husband would need to engage fully in the process.
With recent amendments to the Family Procedure Rules, effective April 2024, there is a stronger encouragement for parties to explore alternative dispute resolution methods like mediation and arbitration. These changes aim to minimize unjustified resistance from difficult parties, such as the husband in this case. Should the husband continue his non-compliance after these rule changes, he could face additional cost sanctions.
In conclusion, this case not only highlights the importance of financial transparency in divorce proceedings but also signals a shift towards promoting alternative resolution methods in family law, emphasising the need for cooperation and honesty in what can often be contentious situations.
For further information on this topic or on any other legal area, please contact John Szepietowski or Kay Stewart at Audley Chaucer Solicitors on 01372 303444 or email admin@audleychaucer.com or visit our Linkedin page.
Annabelle Hubbard
This information was correct as of November 2024
