EM v AK

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

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Parties

EM

Petitioner

AK

Respondent

Procedural Posture

Financial Remedy Proceedings / Interlocutory Hearing

  1. 1 Whether the wife is entitled to maintenance pending suit
  2. 2 Whether the wife is entitled to a further Legal Services Order
  3. 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.