The Court of Appeal in Prest v Prest [2015] upheld a judgment summons in respect of non-payment of maintenance arrears. The former couple had 4 children, were married for 15 years and separated in 2008. The final order made at the end of financial remedy proceedings provided for the husband to pay a lump sum to the wife of £17.5m (by way of property transfer) and pending this lump sum to pay periodical payments to the wife at the rate of 2% per annum on the amount outstanding in relation to the lump sum.
The wife made an application for judgment summons alleging non-payment of arrears and Mr Justice Moylan granted a judgment summons and imposed a penalty of 4 weeks imprisonment but suspended that sentence provided the husband paid the arrears due within 3 months. The Husband appealed this decision and the Court of Appeal upheld the decision. As part of the appeal the husband asserted that the judge’s refusal to adjourn and investigate the husband’s ill health denied him a fair trial however the Court of Appeal found that the judge approached the matter properly. The Court of Appeal also rejected the argument that the husband’s application to vary the order remained outstanding therefore a judgment summons application could not proceed. The Court of Appeal also found that a 4 week prison sentence was not excessive considering the arrears due totalled £320,000.
Mrs Prest’s solicitors have said that the decision confirms judicial findings which have been made against Mr Prest and rightly considered his persistent breaches of court orders. The solicitors for Mr Prest have indicated that their client intends to appeal against the Court of Appeal’s decision and take the matter to the Supreme Court.
We have a lot of experience in dealing with the enforcement of financial orders. If your former partner or their solicitor has accused you of failing to comply with the terms of a financial order, or your former partner has breached the terms of an order then we strongly recommend that you seek legal advice immediately. Our specialist team can advise on whether you or your former partner are in breach of the order and, if so, what the consequences of this may be. Consulting our specialist lawyers in our Altrincham or Manchester offices is a great first step. Please contact us on 0161 927 3118 for a free 20 minute consultation.