This recent Court of Appeal decision (Magliaccio 2016 EWHC 1055) highlights that whilst punishment by way of imprisonment is a very rare occurrence in Family Law cases, the Courts are becoming increasing more forthright in punishing spouses who defy Court Orders.
Mr Migliaccio claimed before the Court that he had resigned his job at the bank and had unilaterally decided to reduce his maintenance payments to a level he wanted to pay, rather than the amount set by the Court. Needless to say, the Court was not impressed. The Judge noted that at the time of the original Order in 2015, Mr Magliaccio had assets of over £400,000 and an income of over £140,000 p/a.
Mr Migliaccio was sentenced to 14 days imprisonment, but this was suspended for 28 days so that he could pay up, or face the prospect of a prison cell in default.
For more information, please contact peter.berry@awdrys.co.uk
Peter Berry is a Family & Collaborative Lawyer who is based at the firms Marlborough office.
