A and Z: Service Out; MPS; LSPO, Re

A and Z: Service Out; MPS; LSPO, Re

Permission to extend time for Z to apply to set aside substituted service order is granted due to lack of notice, minimal delay, and absence of prejudice. Substituted service by email is set aside as A failed to prove compliance with X State law and comity requires proper service. Maintenance pending suit is ordered at a reduced quantum reflecting reasonableness, marital lifestyle, and caution due to jurisdictional dispute. Legal services payment order is granted at a reduced quantum, reflecting excessive costs and number of lawyers, with historic costs included. Directions are given for a Part 25 expert and forum conveniens hearing.

Parties
Applicant: A; Respondent: Z
Jurisdiction
England and Wales
Judgment Date
18 March 2026
Procedural Posture
Divorce and Financial Remedy / Interim Judgment on Service, Maintenance Pending Suit, Legal Services Payment Order, and Directions
Outcome
Interim orders granted; substituted service by email set aside; maintenance pending suit and legal services payment order made; directions for forum conveniens hearing issued.
Legal Topics
Divorce, Maintenance Pending Suit, Legal Services Payment Order, Service Out of Jurisdiction, Forum Conveniens, Pre Nuptial Agreement
Family Law Civil Procedure Divorce Maintenance Pending Suit Legal Services Payment Order Service Out of Jurisdiction Forum Conveniens Pre Nuptial Agreement

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Parties

A

Applicant

Z

Respondent

Procedural Posture

Divorce and Financial Remedy / Interim Judgment on Service, Maintenance Pending Suit, Legal Services Payment Order, and Directions

Legal Issues

  1. 1 Whether to extend time for Z to apply to set aside substituted service order
  2. 2 Whether substituted service by email was valid under X State law
  3. 3 Whether maintenance pending suit should be ordered and quantum

Ratio Decidendi

Permission to extend time for Z to apply to set aside substituted service order is granted due to lack of notice, minimal delay, and absence of prejudice. Substituted service by email is set aside as A failed to prove compliance with X State law and comity requires proper service. Maintenance pending suit is ordered at a reduced quantum reflecting reasonableness, marital lifestyle, and caution due to jurisdictional dispute. Legal services payment order is granted at a reduced quantum, reflecting excessive costs and number of lawyers, with historic costs included. Directions are given for a Part 25 expert and forum conveniens hearing.

Court Disposition

Interim orders granted; substituted service by email set aside; maintenance pending suit and legal services payment order made; directions for forum conveniens hearing issued.

Orders

  • Permission for Z to apply to set aside substituted service order extended to 7 November 2025.
  • Order for substituted service by email set aside.