03/04/2018
An 83 year old man has been sent to prison for 14 months after deliberately avoiding paying his ex wife’s divorce settlement.
Businessman, John Hart was repeatedly warned that he must comply with the court’s order, but chose not to.
In 2015, his wife, Karen Hart was awarded £3.5 million of the couple’s total £9.4m wealth after their 23 year marriage broke down. Mr Hart was ordered to transfer his shares in a company called Drakestown Properties Ltd to her, but he purposefully frustrated his ex wife’s ability to manage the company “efficiently and effectively”.
Sentencing Mr Hart for 'serious contempt', his Honour Judge Wildblood QC concluded that every effort had been made by Karen Hart and her legal team, as well as the judiciary, not to bring the contempt hearing, but Mr Hart’s actions had made it unavoidable.
While Judge Wildblood noted that both sides had paid their own legal costs, he pointed out that the litigation process, and those working within it, had been paid for by the public purse. He also stated that the case had been unnecessarily drawn out which had placed a huge burden on already limited public funds; a burden that would continue as a consequence on Mr Hart’s jail term.
Speaking of the ruling, Russell and Russell divorce specialist, Pippa Tudor, who commented on the original case (see our news article dated 18/09/2017), said: “Court orders that are intentionally breached face stiff punishment, but some people wrongly assume that sentences won’t be enforced. This case, however, demonstrates that the law’s bite is just as good as its bark. Hopefully this will send a clear message to anyone attempting to frustrate the legal process that they will face the full force of the law if they refuse to comply with the courts.”
Please note that this article is meant as general guidance and not intended as legal or professional advice. Updates to the law may have changed since this article was published.