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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 852
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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I have served a penal notice to my wife who has not complied

Resolved Question:

i have served a penal notice to my wife who has not complied with our divorce proceedings.The court ordered on the 16th of August that she submit her form e within 7 days of being served the penal order.The order has been served on her by my enforcement officer.What do i do now to apply for the court for it to have the order enforced ?
Submitted: 10 months ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 10 months ago.

Hello

You are now going to have to apply to court for enforcement/ commital due to you wifes non compliance.

You need to apply on the Application Notice Form - http://www.justice.gov.uk/downloads/forms/fjr/D11_web_0414.pdf

You state along the lines of:

- this order was made on this date and it required the respondent to file and serve her form E

- a penal notice was added to the order

- the order was personally served on the ....

- the respondent has still not complied.

You need to attach the order and the enforcement officers statement of service.

The court fee is £155

You should serve a schedule of your costs ( application fee and enforcement officer fees) on your wife and seek these back at the hearing that will be listed.

This is the relevant FPR - 37.10

https://www.justice.gov.uk/courts/procedure-rules/family/parts/part-37-applications-and-proceedings-in-relation-to-contempt-of-court

Kind regards

Caroline

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