Penal Notice?

[WTF202333]

Anyone used a penal notice when Ex is being uncooperative in financial remedy proceedings?
Can you give me your experience please?

Penal notices are normally used for a breach of a court order after financial settlement. Has a solicitor recommended you use one? There are other ways to progress litigation so if you advise the blockage I might be able to suggest a method you should follow?

@BetterFuture1985 thank you for your response. I am going through court for financial remedy due to Ex being uncooperative.

He was late submitting Form E with many gaps. Our responses to questionnaire were due a number of weeks ago, mine has been submitted and his hasn’t. His solicitor is unable to give us a timeframe of when it will be ready (I’m assuming he’s delaying, as per usual)

My solicitor is suggesting we state that if doesn’t respond by x date, that we will apply for a penal order. She has suggested that would ask that he pays the costs of the application and we would cite this later as evidence of his litigation conduct.

Any thoughts?

Well, she's a solicitor and I'm only a law student is my initial thought! My second thought is that to have a penal order, first you need a court order that can be breached. Presumably the court order in this instance is the standard disclosure, that will include exchange of form Es.

Now, I'm going to remind you again that she is a solicitor and I'm really not but these are the questions I would ask her:

1. How much will she charge to apply for a penal notice?
2. What is the likely penalty for non-compliance (it can be 2 years imprisonment but that's really for millionnaires who hide assets and parents who remove their children from the country, not for people who don't fill in a form)?
3. What is the risk that he just submits something less incomplete and it is accepted?

After that, if I was satisfied with the responses I'd be inclined to run with it.

@WTF202333 my dp had a penal notice attached to the order at FDR due to non disclosures, non compliances and non attendance - the DJ insisted it was needed. The order was very tightly written that adverse inference would come into play if the other party did not disclosure along with the penal notice. She still did not disclose. At FH she turned up despite not disclosing anything. We assumed the penal notice and adverse inference would come into play. However, the judge completely dismissed the previous order, the lack of disclosures and said none of that mattered and went on to make a judgement in her favour by taking verbal admissions with no proof as truth.