BN v MA

BN v MA

In the absence of convincing evidence from the wife to discharge the burden of showing the prenuptial agreement should not be upheld, the court applies the terms of the agreement for interim maintenance, ensuring the wife is not left in real need. The wife is not entitled to a costs allowance as she can secure litigation loans and her claim is speculative.

Parties
Applicant Wife: BN; Respondent Husband: MA
Jurisdiction
England and Wales
Judgment Date
10 December 2013
Procedural Posture
Divorce and Financial Remedies / Interim Application for Maintenance Pending Suit and Costs Allowance
Outcome
Maintenance pending suit awarded per prenuptial agreement; costs allowance application dismissed; costs awarded to respondent.
Legal Topics
Maintenance Pending Suit, Nuptial Agreements, Costs Allowance, Disclosure, Child Maintenance
Family Law Maintenance Pending Suit Nuptial Agreements Costs Allowance Disclosure Child Maintenance

Case Brief

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Parties

BN

Applicant Wife

MA

Respondent Husband

Procedural Posture

Divorce and Financial Remedies / Interim Application for Maintenance Pending Suit and Costs Allowance

Legal Issues

  1. 1 Whether the prenuptial agreement should be upheld for interim maintenance
  2. 2 Whether the applicant is entitled to a costs allowance
  3. 3 Whether there was material non-disclosure by the respondent

Ratio Decidendi

In the absence of convincing evidence from the wife to discharge the burden of showing the prenuptial agreement should not be upheld, the court applies the terms of the agreement for interim maintenance, ensuring the wife is not left in real need. The wife is not entitled to a costs allowance as she can secure litigation loans and her claim is speculative.

Court Disposition

Maintenance pending suit awarded per prenuptial agreement; costs allowance application dismissed; costs awarded to respondent.

Orders

  • Periodical payments for wife and child as stipulated in prenuptial agreement, with credits for property occupation and service charges.
  • Additional £24,000 per annum for new child upon birth.