去年，英国高等法院下达了史上最贵离婚费之一的裁决。媒体行业的大亨Frederick Barclay被法院勒令向前妻Lairo Hiroko支付总计1亿英镑的离婚费。
不过，据《星期日泰晤士报》估计，Frederick Barclay家族拥有《每日电讯报》报纸集团，拥有70亿英镑的净资产。也就是说，1亿英镑的离婚资金对他来说：算啥？！
然而，一年过去了，Lairo Hiroko一分钱也没拿到，每月的赡养费也变少了。今年，她再次来到英国法院控诉前夫，称其“藐视法庭”！没多久，这位媒体大亨Frederick Barclay则有可能因“藐视法庭罪”进入监禁！
这是怎么回事？来看看
史上最贵离婚裁决之一
商业界可能对这位媒体大亨不陌生了，Frederick Barclay和他的双胞胎兄弟David是英国的亿万富翁，著名的商人之一，业界都称他俩 “巴克莱双胞胎” 。
2000年，巴克莱双胞胎一起被封为爵士，因为他们一直为英国医学研究做慈善。多年来，两兄弟通过买卖啤酒厂、酒店、航运公司以及油气田建立了一个庞大的商业帝国。他们的商业资产包括《每日电讯报》集团以及伦敦丽兹酒店。
Frederick Barclay不仅在商业圈很有名，近几年，他也成为了各类娱乐周刊的头条人物。
2021年5月，Frederick Barclay与前妻Lairo Hiroko正式结束了长达34年的婚姻。在一系列的听证会后，俩人达成了一份离婚和解协议。伦敦高等法院命令Barclay先生支付1亿英镑的离婚费用，以及每月一定数额的赡养费，以达和解。
该离婚案是英国家庭法院史上以来最贵的一笔判决之一了。据说，Barclay还被命令单独支付他妻子的法律费用，接近50万英镑。
当时，法院规定，Barclay必须要在三个月内支付5000英镑，其余部分在判决后的一年内——也就是今年4月前结清。
然而，一年过去了，费用还没有能解决。
前妻再次告上法庭
今年，79岁的Lairo Hiroko以“藐视法院”的罪行将前夫再次告上法庭。
她告诉法院，她的前夫未能支付离婚协议中的任何费用（1亿英镑）。此外，他还把前妻每月的赡养费减半了，本来是每月6万英镑的，现在只有3万英镑了。同时，Lairo Hiroko也面临着50万英镑的法律债务，她的前夫一分钱也没有为其支付。
在法庭上，Barclay的代表律师对法官称，Barclay的家族出现了一些斗争，整个商业帝国被重组了。现在，他的侄子和女儿接手和控制了整个商业帝国，他无法从中释放任何现金。他现在正在非常努力地寻找资金。
律师还和法院说，这位曾经的亿万富翁现在的日子很苦，他只能依靠他的侄子们来资助他的离婚斗争。然而，他的侄子似乎不太乐意，女儿也不再给他支付任何资金。
“Barclay和兄弟David建立的业务现在都由侄子控制。然而，侄子却拒绝了，称他们不会协助支付离婚费用。”
Lairo Hiroko并不相信这些 “哭穷” 的证词， Lairo Hiroko对Barclay的行为感到很气愤，她坚信她的前夫是有支付能力的。
她说，去年5月，她的前夫以大概1.25亿英镑的价格出售了游艇，却没有用所得款项支付给她，这应该受到谴责。此外，他还拥有一半的私人岛屿Brecqhou，他们家族在岛上有一座城堡。她还透露，她的前夫把家庭住宅以2250万英镑的价格出售了，为什么就没有一分资金？
“他不尊重我或法庭。他的目的只是把事情串起来，隐藏在复杂结构的网络后面，为了避税。后来，他让我们的女儿满足他所有的经济需求。我请求法官把他送进监狱，他说的都是谎话，他就是在等着我死，这样他就一分钱不需要给我了。”
此外，女方还给出了许多证据。比如说，Barclay说自己被David从伦敦市中心的豪宅中赶出来了，居无定所。但是，有人看到他还在那里住，根本没有受到任何干扰。
“他说他没有钱。我不相信他。不是他不能支付，而是他不愿意支付。他从来没有想过要这么做。如果Barclay在我得到第一笔钱之前就去世了，我每月的生活费就会停止。在近半个世纪的关系/婚姻中，我们的生活水平已经超出了奢侈的范围，我将几乎身无分文，几乎可以肯定无家可归。”
目前，听证会还在进行当中，结果还没有出来。
丽莎评论
结果虽还没有出来，但如果Barclay的前妻能找到足够的证据，证实Barclay是有资金，并且故意不服从法院命令的话，他确实有可能受到应有的惩罚。我们可以等待着法院判出的结果。
丽莎律师行家庭法律师张昕蕾认为，该案件可以再次让大家提个醒，让大家明白——遵守法庭命令的重要性。
我们以前也提到，在英国法律体系中，藐视法庭（Contempt of Court） 指的是某人的某个行为影响了法庭案件，阻止某人获得公平的审判的过程。
总的来说，藐视法庭的行为包括：
不服从或无视法庭命令
在法庭上拍照或大声喧哗
如果您被传唤为证人，拒绝回答法庭的问题
公开评论法庭案件，例如在社交媒体或在线新闻文章中发表评论
英国法律认为，藐视法庭是对司法行政的干扰，每一种形式都会导致司法本身不能得到适当的执行。正是由于这个原因，藐视法庭被视为一种严重的罪行，可判处最高2年的监禁以及无限额的罚款。
近些年来，英国家庭法院在处理藐视法庭的一方时，越来越多法官都会采取强硬的态度。前段时间丽莎写的案子Young v Young ，故事的当事人杨先生就因为没有披露所谓的资产损失的证据，被认为是藐视法庭。
2009年，杨先生被命令向前妻杨夫人支付租金、孩子的学费以及每月将近3万英镑的抚养费。
然而，杨先生至今都没有支付任何费用，现在拖欠的抚养费几乎达到了100万英镑了。在起诉的时候，杨先生的前妻透露，他藏了大量的金融资产，却欺骗法院，称自己身无分文。最后，法官将杨先生不遵守命令描述为”荒谬”和 “近乎无用”。
张律师说：“当年，Young v young 案子强调了在诉讼程序中充分和坦诚披露的重要性，并提供了一个有用的提醒。面对这种行为，法院可以施加监禁或罚款以及其他制裁。”
张律师称，如果您真的认为法院下达的命令不公平。在某些情况下，您可以对法院命令提出上诉，让法院命令搁置，或请求法院可以让该命令得到延期。申请对法院命令进行上诉有严格的时间限制，因此，如果您正在考虑是否能够推翻法院命令，最好立即去找家庭法律师。我们的家庭法律师团队在这一方面有着多年的经验，可以为大家提供专业的建议。
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