You can still go to court to pursue a financial order in divorce proceedings even if there is a warrant out for the arrest of your partner. However, there are several important factors and potential complications to consider:

Court’s Perspective

1. Access to Justice: The court system in the UK ensures that individuals have access to justice, irrespective of their personal circumstances. Your right to seek a financial order in divorce proceedings is not directly affected by the legal troubles of your partner.
2. Presence of the Partner: If your partner is not present due to being on the run or otherwise avoiding arrest, it could complicate proceedings. The court might have to take steps to ensure that your partner is aware of the proceedings and has the opportunity to participate. This might involve attempts to serve papers to their last known address or other means.

Potential Complications

1. Delay in Proceedings: If your partner is actively avoiding arrest, it could delay the proceedings. The court may be unable to proceed without ensuring that your partner has been properly notified and given the opportunity to respond.
2. Enforcement of Orders: If the court issues a financial order, enforcing it can be challenging if your partner is not present. For example, if the court orders your partner to pay a certain amount, but they are not available to comply, you may need to take additional legal steps to enforce the order.
3. Legal Representation: It’s advisable to have legal representation in such complex situations. A solicitor can help navigate the intricacies of dealing with an absent partner and ensure that your rights are protected throughout the process.

Practical Steps

1. Inform the Court: If you are aware that there is a warrant out for your partner’s arrest, inform the court as soon as possible. This transparency will help the court make informed decisions about how to proceed.
2. Serve Papers: Ensure that all necessary documents are served to your partner in accordance with the law. This might involve using different methods if your partner’s whereabouts are unknown.
3. Consider Mediation: In some cases, mediation might be a useful step, even if it seems unlikely due to your partner’s legal situation. Mediation can sometimes help resolve issues more quickly and amicably.

Court Orders and Their Enforcement

1. Type of Order: The type of financial order can vary, including lump-sum payments, property adjustments, and maintenance payments. The enforceability of each type might be affected differently by your partner’s absence.
2. Enforcement Mechanisms: The court has various mechanisms to enforce orders, including seizing assets or income. However, these mechanisms might be less effective if your partner is not available or is actively avoiding legal responsibilities.

Conclusion

While a warrant for your partner’s arrest adds a layer of complexity to divorce proceedings, it does not prevent you from seeking a financial order. Working closely with a solicitor and keeping the court informed about the situation can help ensure that the process moves forward as smoothly as possible. Ultimately, the court aims to reach a fair and equitable resolution, regardless of the personal circumstances of either party.

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