Man Sentenced to Jail For Breaching Divorce Terms

A court in Bristol has sentenced an 83-year-old multi-millionaire to a 14-month jail term for a “persistent, damaging [and] motivated” breach of his £3.5m divorce settlement with his ex-wife.

John and Karen Hart began divorce proceedings to end their 20-year marriage in 2011. Their seven-year-long dispute has provided interesting precedent for divorce law on 3 separate issues, with the settlement of the family’s £10m fortune involving multiple court proceedings in Bristol and London.

Judge Wildblood in Bristol Magistrates’ Court gave Mr. Hart a prison sentence for “serious…acts of contempt,” arguing that his contempt had further “protracted” the divorce case, which had already “placed an immense burden on limited public funds.”

The ruling underlines a recent shift towards stricter penalties for parties who disobey judicially mandated divorce settlements. Previously, such penalties have been merely financial.

Mr. Hart’s imprisonment reiterates a 2013 case in which a man who defied divorce court orders was jailed for 6 months for contempt of court.

Other points of law debated by judges during Mr. and Mrs. Hart’s divorce proceedings include whether Mr Hart’s deliberate obfuscation of his finances could justify a limited settlement award for Mrs. Hart rather than an equal half share, and secondly, whether Mrs. Hart’s long-term involvement with a new partner should affect her entitlement to the agreed divorce settlement.

Limited divorce award “leaves the law in state of flux”

In 2015, Mr Hart’s evasive and incomplete submissions of evidence left a High Court judge unable to ascertain the correct total sum of the couple’s marital wealth.

Therefore, Mrs Hart’s share in the family fortune was limited to £3.5m based on financial need, instead of the usual 50% stake awarded to spouses in divorces.

Lawyers for Mrs Hart at the time said that the ruling set “a dangerous precedent” challenging “nearly 20 years” of “settled [legal] principle” regarding equal division of marital assets.

They added:

“This leaves the law in a state of flux; it allows a Trial Judge to find that even where it is not properly evidenced, the financial contribution of one spouse outweighs the family and domestic contribution of the other.

This can lead to a result that is unfair and discriminatory, as it has done in this case. More such results are likely to follow, with the potential to set the law back more than 20 years.”

Cohabitation with a new partner shouldn’t affect divorce settlements

Mr. Hart meanwhile felt that even this limited settlement defied “normal sense,” on the basis that his ex was now in a long-term relationship with another man and did not need his support.

Having been ordered to hand Mrs. Hart shares in his company, he delayed transfer and failed to produce documentation and records which his former wife needed to run the company.

Mr. Hart’s challenge in the Court of Appeal was refused however by the UK’s most senior family judge, Sir James Munby, who asserted Mrs. Hart’s right to financial independence, saying the “presence of [Mrs Hart’s] new partner in her life did not diminish her needs.”

Mrs. Hart’s lawyers praised the ruling, saying that it reaffirmed the “well-established principle that all financial ‘needs’ must be met by the parties to a marriage”, and also gave “long overdue and critical guidance on the part that new partners have to play in this exercise.”

The ruling from the President of the High Court Family Division is likely to have far-reaching implications for divorce law, for “all those looking to move on with their lives following a divorce as well as those looking on suspiciously at their spouse’s new partners hoping that they may represent a get out of jail free card.”

Talk to IBB Solicitors about commencing divorce proceedings

The divorce process can be long-winded, confusing and stressful. For expert insight and friendly advice, talk to experts at IBB Solicitors today. Whether you’re looking for a quick, stress-free end to your marriage, want to contest parts of your separation or simply want more information on the divorce process and financial settlements, we can help. Call our high net-worth divorce experts with no obligation today on 03456 381381 or email us at familylaw@ibblaw.co.uk