Using a Notice to Show Cause to enforce a divorce settlement agreement
What are your options if your ex has changed their mind and is backtracking on a divorce settlement agreement? Could a Notice to Show Cause be the way forward? Contact our specialist family lawyers for a free consultation. Call 0333 888 0404 or email us at [email protected]
If you and your ex agreed on a financial settlement during your divorce, it can be frustrating and confusing if they subsequently refuse to honour that agreement or have changed their mind. In this situation,you may need specialist legal help to find out what to do next. Our family lawyers are experienced in dealing with this problem, and one option they often recommend is to issue an application in court known as a “Notice to Show Cause.”
In this article, family lawyer, Dominika Windak, explains what a Notice to Show Cause is, how it works, and how it can help in resolving disputes about financial agreements in divorce.
What is a Notice to Show Cause?
A Notice to Show Cause is a legal device used in divorce cases when one party refuses to follow a financial agreement, or changes their mind after making a commitment. If you’re in this situation, you can use it to formally require the other party to explain why they aren’t honouring the agreement that has been reached.
The Notice forces them to attend a court hearing, where they will have to justify their actions. If they cannot provide a good enough reason for not following the agreement, the court may take action to make them comply. This could include adjusting the financial order or even imposing penalties, such as fines or legal costs.
When Can a Notice to Show Cause be Used?
It is typically used in the following situations:
- Where one party refuses to follow the divorce settlement agreement, even though both parties agreed to it.
- Where one party changes their mind about the terms after the agreement was made, especially when they received legal advice at the time and there had been full disclosure of financial information.
- Where either or both parties have already started following the agreement in some way, such as making payments or transferring assets.
The Notice challenges the other party’s actions and asks them to “show cause” — or explain — why they are not following the terms of the agreement. The recipient must then explain their position in front of the court.
What Happens in Court?
When the matter goes to court, the party who issued the Notice will present their case, giving evidence that the other party isn’t complying with the agreement. The person who received the Notice will have a chance to explain why they haven’t followed its terms. The court will set directions for the parties to comply before the next hearing.
If the court agrees with the person issuing the Notice, it may order the other party to comply with the original agreement. In serious cases, the court could impose penalties or even hold the non-compliant person in contempt of court, which could lead to fines or legal costs.
While this can be a very effective tool, it is important to appreciate that the process can be complicated. Legal experts have pointed out that there are some concerns with the procedure:
- It places the responsibility on the party trying to enforce the agreement to apply to the court, which is different from how other legal appeals are handled.
- There isn’t a clear rule in the Family Procedure Rules that officially supports the use of a Notice to Show Cause in financial remedy cases. This has led some to question whether it’s a recognised procedure or more of a judicial invention.
How we Can Help with Enforcing a Divorce Settlement Agreement
If you think your ex is not following a financial settlement agreement, seeking specialist family law advice is essential. A lawyer can help you decide whether issuing a Notice to Show Cause is the right approach, guide you through the process, and represent you in court.
On the other hand, if you’ve received a Notice to Show Cause, it’s important to consult a family law solicitor to understand what it means for you, how to respond, and how to protect your legal rights.
At Slee Blackwell Solicitors, we specialise in all aspects of divorce and financial remedy proceedings. Our experienced family law team is here to offer clear, practical advice, and strong legal support to protect your interests. Contact us today for a free initial consultation.
Call 0333 888 0404 or email us at [email protected]
