A wife’s successful appeal from an order allowing a husband’s appeal against a maintenance pending suit order.
The wife appealed from an order allowing the husband's appeal from a maintenance pending suit ("MPS") order. The original order of Deputy District Judge Morris ("DDJ") granted the wife monthly MPS payments of £2,850. His Honour Judge Oliver ("the Judge") set aside that order largely on the basis that the DDJ had not applied the law appropriately by failing to critically analyse the wife's needs and in particular the wife's "immediate expenditure needs". Although the Judge was sure maintenance was required, he did not feel in a position to determine the sum.
The wife was granted permission to appeal since: the appeal raised an important point of principle regarding the approach of the court in determining maintenance pending suit applications; and the wife had a real prospect of success in challenging the decision that the DDJ's assessment was flawed.
The parties were married for about ten years. They had a child, and the wife had an older child by a previous marriage. Since separating the wife had remained in the former matrimonial home ("FMH") and the children lived with her.
Read the full summary on Family Law Week.