Ozturk v Ozturk (Reissue 2) [2025] EWFC 162 (B)

Judgment date: 8 May 2025

https://caselaw.nationalarchives.gov.uk/ewfc/b/2025/162

HHJ Moreton. Committal proceedings relating to a husband who failed to complete his Form E in financial remedy proceedings.

On 20 December 2024, an application for contempt of court was made alleging that husband had failed to file and serve his Form E in breach of an order dated 8 October 2024. A penal notice was attached. The deadline was 28 days after husband was personally served with the order: the process server served this on 15 October 2024, meaning the deadline was 12 November 2024.

The husband failed to attend the committal hearing. The court decided it was satisfied that husband had been served with the notice of the application, evidence in support and the notice of hearing, given he was personally served by a process server on 30 April 2025. The court attempted to locate him and was satisfied he had failed to attend court deliberately and consciously. The court therefore proceeded in his absence.

The court was satisfied that husband had received the court order and was aware of the requirement to file his Form E. The judge decided that breach of the order was proved. Neither the court nor the wife’s solicitors received the Form E.

The judge also considered that husband failed to complete the acknowledgment of service in response to the divorce proceedings and did not engage with attempts to resolve financial remedy matters by negotiation, which led to financial remedy proceedings being issued. Husband then failed to complete his Form E by the original deadline of 3 September 2024 and failed to attend the first or second FDA. Wife also put in her statement that husband told her and her son directly that he had no intention to engage.

The court decided that a custodial sentence was justified and required, and therefore husband was sentenced to 28 days’ imprisonment suspended upon compliance with the order to file his Form E within 28 days of service of this order upon him. The judge was conscious that immediate committal to prison directly had the potential to delay matters as he would not be in a position to complete and file a Form E with all the necessary attachments/documentary evidence in support. This was a final opportunity to demonstrate compliance with the court order.

The judge made a costs order too.