BD v FD (Maintenance)

The husband's proposal of £202,000 per year is reasonable for maintenance pending suit, as it meets the wife's and children's interim income needs, reflects the marital standard of living, and avoids disproportionate legal costs. The wife's budget includes forensic exaggeration and exceeds the marital standard without justification. Court intervention is not manifestly required beyond the husband's proposal.

Parties: Applicant: BD; Respondent: FD
Jurisdiction: England and Wales
Judgment Date: 03 October 2014
Procedural Posture: Financial Remedy Application (maintenance Pending Suit) / Interim Hearing
Outcome: Application for higher maintenance pending suit dismissed; husband's proposal adopted.
Legal Topics: Maintenance Pending Suit, Interim Financial Relief, Marital Standard of Living, Proportionality of Legal Costs

Family Law Maintenance Pending Suit Interim Financial Relief Marital Standard of Living Proportionality of Legal Costs

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 9

Parties

Applicant

Respondent

Procedural Posture

Financial Remedy Application (maintenance Pending Suit) / Interim Hearing

Legal Issues

1 What is a reasonable sum for maintenance pending suit?
2 Should the wife's interim budget be accepted as reflecting her reasonable needs?
3 Is the husband's proposal sufficient to meet the wife's and children's interim needs?

Ratio Decidendi

Court Disposition

Application for higher maintenance pending suit dismissed; husband's proposal adopted.

Orders

Husband to pay maintenance pending suit of £202,000 per year to wife, inclusive of staff costs.
No order for additional interim maintenance beyond husband's proposal.