Q&As

A party to financial remedy proceedings has failed to file and serve their Form E. They have been served with the relevant directions order endorsed with a penal notice and the time for compliance has expired. What further options exist for enforcing their compliance? How might the court proceed if the offending party fails to file and serve a Form E in the face of further orders?

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Produced in partnership with David Salter, deputy High Court judge and Recorder
Published on: 14 January 2025
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Assuming that the order to file Form E endorsed with a penal notice has been personally served, unless the court has directed otherwise (Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 37.4(2)(c)), the next procedural step will be to apply for an order for the respondent’s committal. The detailed procedure in FPR 2010, SI 2010/2955, Pt 37 together with FPR 2010, PD 37A (in particular FPR 2010, SI 2010/2955, 37.3, 37.4, 37.8 and 37.9) must be followed. The application is made adopting the FPR 2010, SI 2010/2955, Pt 18 procedure and using Form FC600.

On the hearing of a committal application arising from the failure to file a Form

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United Kingdom

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