Arif v Anwar & Ors [2014] EWHC 4669 (Fam) (14 March 2014)

Arif v Anwar & Ors [2014] EWHC 4669 (Fam) (14 March 2014)

The Wife was granted leave to enforce arrears of maintenance older than 12 months because there had been no significant change in circumstances since the original order, the Husband's bankruptcy had not affected his lifestyle or ability to pay, and the Wife's delay in enforcement was explained by lack of means and ongoing litigation. The Husband's application to remit arrears was adjourned due to his delay and need for oral evidence. Enforcement orders were made, including an attachment of earnings order and a lump sum payment, with Hadkinson relief granted to restrict the Husband's application to vary or remit until compliance. Costs were awarded to the Wife.

Citation
[2014] EWHC 4669 (Fam)
Parties
Petitioner: Sofia Arif; 1st Respondent: Arif Anwar; 2nd Respondent: Raziz Rehan; Intervener: Richard Hicken (Trustee in Bankruptcy for the First Respondent)
Jurisdiction
England and Wales
Judgment Date
14 March 2014
Procedural Posture
Family Law Financial Remedies / Enforcement and Variation of Maintenance Pending Suit Order; Applications for Remission of Arrears and Hadkinson Relief
Outcome
Wife's application to enforce arrears granted; Husband's application to remit adjourned; Hadkinson relief granted; costs awarded to Wife.
Legal Topics
Maintenance Pending Suit, Enforcement of Maintenance Orders, Remission of Arrears, Hadkinson Order, Bankruptcy and Family Proceedings
Family Law Bankruptcy Maintenance Pending Suit Enforcement of Maintenance Orders Remission of Arrears Hadkinson Order Bankruptcy and Family Proceedings

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Parties

Sofia Arif

Petitioner

Arif Anwar

1st Respondent

Raziz Rehan

2nd Respondent

Richard Hicken (Trustee in Bankruptcy for the First Respondent)

Intervener

Procedural Posture

Family Law Financial Remedies / Enforcement and Variation of Maintenance Pending Suit Order; Applications for Remission of Arrears and Hadkinson Relief

Legal Issues

  1. 1 Whether the Husband's application to remit arrears should be struck out for delay
  2. 2 Whether the Wife should be granted leave to enforce arrears of maintenance older than 12 months
  3. 3 Whether enforcement orders (including attachment of earnings and lump sum) should be made against the Husband

Ratio Decidendi

The Wife was granted leave to enforce arrears of maintenance older than 12 months because there had been no significant change in circumstances since the original order, the Husband's bankruptcy had not affected his lifestyle or ability to pay, and the Wife's delay in enforcement was explained by lack of means and ongoing litigation. The Husband's application to remit arrears was adjourned due to his delay and need for oral evidence. Enforcement orders were made, including an attachment of earnings order and a lump sum payment, with Hadkinson relief granted to restrict the Husband's application to vary or remit until compliance. Costs were awarded to the Wife.

Court Disposition

Wife's application to enforce arrears granted; Husband's application to remit adjourned; Hadkinson relief granted; costs awarded to Wife.

Orders

  • Leave granted to enforce arrears of maintenance older than 12 months under s.32 Matrimonial Causes Act 1973.
  • Attachment of earnings order made in respect of Husband's pension.