EM v AK
Given the wife's limited income, difficulties accessing capital, and recognition that she should receive financial provision, it is reasonable to order maintenance of £3,000 per month pending suit. No further Legal Services Order is made as the previous order of £40,200 is sufficient to cover costs up to the financial dispute resolution hearing.
- Parties
- Petitioner: EM; Respondent: AK
- Jurisdiction
- England and Wales
- Judgment Date
- 21 June 2013
- Procedural Posture
- Financial Remedy Proceedings / Interlocutory Hearing
- Outcome
- Maintenance pending suit granted; further Legal Services Order denied; freezing order varied to permit monthly withdrawals; disclosure and valuation orders denied.
- Legal Topics
- Maintenance Pending Suit, Legal Services Order, Freezing Order, Disclosure, Asset Ownership
Case Brief
Summary, issues, holding and outcome
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Parties
EM
Petitioner
AK
Respondent
Procedural Posture
Financial Remedy Proceedings / Interlocutory Hearing
Legal Issues
- 1 Whether the wife is entitled to maintenance pending suit
- 2 Whether the wife is entitled to a further Legal Services Order
- 3 Whether the freezing order should be varied
Ratio Decidendi
Given the wife's limited income, difficulties accessing capital, and recognition that she should receive financial provision, it is reasonable to order maintenance of £3,000 per month pending suit. No further Legal Services Order is made as the previous order of £40,200 is sufficient to cover costs up to the financial dispute resolution hearing.
Court Disposition
Maintenance pending suit granted; further Legal Services Order denied; freezing order varied to permit monthly withdrawals; disclosure and valuation orders denied.
Orders
- Husband to pay wife £3,000 per month maintenance pending suit.
- Husband to sign authority for release of £40,200 to wife's solicitors by 12 o'clock Monday, or district judge to sign in default.
Full Case Text
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