Penal Notices in Divorce

What Is a Penal Notice?

A penal notice is a formal warning attached to a court order in UK family law. It states that if a party fails to comply with the order - such as providing financial disclosure - they may be held in contempt of court, which can result in:

• Fines
• Imprisonment
• Seizure of assets
• Other legal penalties

Penal notices are used to compel compliance and are particularly effective when one party is suspected of hiding assets or delaying proceedings.

When Is a Penal Notice Used?

Penal notices are typically attached to orders requiring:

• Submission of Form E (financial disclosure)
• Production of documents or evidence
• Attendance at hearings
• Compliance with court directions

They are especially important in cases involving:

• Complex financial arrangements
• Business ownership
• Offshore or foreign assets
• One spouse having exclusive control over finances

Legal Consequences of Ignoring a Penal Notice

Failure to comply with a penal notice can lead to:

• Contempt of court proceedings
• Committal applications
• Hadkinson orders, which prevent the non-compliant party from participating in further proceedings
• Freezing orders or search orders to locate hidden assets

The court treats breaches seriously and may impose imprisonment for up to two years in extreme cases.

Concerned About Non-Disclosure in Divorce?

If you suspect your spouse is hiding assets or ignoring court orders, Vardags can help. Our expert divorce solicitors specialise in high-value and complex cases, using penal notices and enforcement tools to protect your financial rights.

We offer a free initial consultation to qualifying individuals.

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