Moore v Moore

Moore v Moore

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.

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 Hearing on Notice With Appeal to Follow; Adjournment
Outcome
Application adjourned
Legal Topics
Maintenance Pending Suit, Enforceability of Maintenance Orders, Withdrawal of Divorce Proceedings, Jurisdictional Challenges
Family Law Maintenance Pending Suit Enforceability of Maintenance Orders Withdrawal of Divorce Proceedings Jurisdictional Challenges

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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 Hearing on Notice With Appeal to Follow; Adjournment

Legal Issues

  1. 1 Whether a maintenance pending suit order remains enforceable after withdrawal of divorce proceedings
  2. 2 Whether the judge attached too much weight to 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