Moore v Moore [2008] EWCA Civ 1599 (18 December 2008)

Moore v Moore [2008] EWCA Civ 1599 (18 December 2008)

There is an arguable point regarding the enforceability of a maintenance pending suit order after withdrawal of divorce proceedings, but the application is adjourned for consideration by a full bench.

Citation
[2008] EWCA Civ 1599
Parties
Respondent/petitioner: Folashade Moore; Appellant/respondent: Osita Moore (aka Clint Oguagha-Obioha) (aka George Amoah)
Jurisdiction
England and Wales
Judgment Date
18 December 2008
Procedural Posture
Family Law Appeal / Application for Permission to Appeal; Adjournment
Outcome
Application adjourned
Legal Topics
Maintenance Pending Suit, Enforcement of Maintenance Orders, Jurisdiction in Divorce Proceedings
Family Law Maintenance Pending Suit Enforcement of Maintenance Orders Jurisdiction in Divorce Proceedings

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Parties

Folashade Moore

Respondent/petitioner

Osita Moore (aka Clint Oguagha-Obioha) (aka George Amoah)

Appellant/respondent

Procedural Posture

Family Law Appeal / Application for Permission to Appeal; Adjournment

Legal Issues

  1. 1 Whether a maintenance pending suit order remains enforceable after withdrawal of divorce proceedings in the jurisdiction
  2. 2 Whether the judge gave undue weight to passages in Moses-Taiga v Taiga [2005] EWCA Civ 1013

Ratio Decidendi

There is an arguable point regarding the enforceability of a maintenance pending suit order after withdrawal of divorce proceedings, but the application is adjourned for consideration by a full bench.

Court Disposition

Application adjourned

Orders

  • Application adjourned for consideration by a full bench