Unfortunately, this is not always the end of the story. A court may decide on the terms of the divorce – from who gets what to where children will spend their time – but what if one party breaches these terms?

As one of the leading divorce solicitors in the Liverpool area, the Tracey Miller team often come across cases where one person has not done as agreed. This can leave the other party understandable aggrieved, but what actually happens in these cases – will a court take action? The simple answer to this is yes, the legal system can and does take enforcement action against those who breach the terms of their divorces.

Bristol man sentenced to 14-month jail term for divorce breach

In a notable case we spotted in the press, a man was sentenced to 14 months in prison by Bristol Magistrates’ Court because he breached the terms of his divorce settlement.

Following a dispute in the courts that lasted a huge seven years and involved court proceedings in both Bristol and London, John and Karen Hart were finally divorced in 2015. The court ruled that Mr Hart, an 83-year-old multi-millionaire, should pay his former wife of 20 years a settlement of over £3.5 million. He was also ordered to give her his portion of shares in a company he owned.

Following the settlement, Mr Hart did transfer the shares as requested, but only following a significant delay. A court has heard that the property developer then stripped out all of the company’s management records and refused to provide information about the records to his ex-wife even when a court ordered him to on two occasions in 2016. These acts, according to the court, were designed to frustrate and obstruct Mrs Hart’s running of the business.

The couple ended up back in Bristol Magistrates’ Court over this behaviour, which was described by judge Stephen Wildblood QC as “serious contempt” of both the orders of the court and the terms of the divorce settlement. Jailing the businessman for 14 months, Judge Wildblood said:

“Mr Hart, so serious are these acts of contempt that only a sentence of imprisonment is justified.

“Having reflected on the contempt that you have committed I have concluded that a financial penalty would be wholly inadequate. Orders of the court and the rule of law must be observed.”

Need advice about a breach of divorce terms?

If you feel your ex-partner has breached the terms of your divorce settlement, or an agreement about childcare arrangements, please contact Tracey Miller Family Law for expert legal advice. Our Liverpool divorce solicitors are highly experienced in all aspects of divorce, including what happens after divorces are finalised.