CC v NC
The court found the wife's claim to habitual residence in England weak but the husband's habitual residence claim arguable, thus maintenance pending suit should not be discounted solely on jurisdictional grounds. The wife's budget was reduced to reasonable expenses, and the husband was ordered to pay maintenance pending suit.
- Parties
- Applicant: CC; Respondent: NC
- Jurisdiction
- England and Wales
- Judgment Date
- 03 March 2014
- Procedural Posture
- Divorce and Maintenance Pending Suit / Interlocutory Application for Maintenance Pending Suit
- Outcome
- Maintenance pending suit granted
- Legal Topics
- Maintenance Pending Suit, Jurisdiction Under Brussels II Regulation, Habitual Residence, Forum Shopping
Case Brief
Summary, issues, holding and outcome
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Parties
CC
Applicant
NC
Respondent
Procedural Posture
Divorce and Maintenance Pending Suit / Interlocutory Application for Maintenance Pending Suit
Legal Issues
- 1 Whether the English court has jurisdiction under Brussels II Regulation to entertain the divorce and maintenance pending suit application
- 2 Appropriate quantum of maintenance pending suit given the parties' circumstances
Ratio Decidendi
The court found the wife's claim to habitual residence in England weak but the husband's habitual residence claim arguable, thus maintenance pending suit should not be discounted solely on jurisdictional grounds. The wife's budget was reduced to reasonable expenses, and the husband was ordered to pay maintenance pending suit.
Court Disposition
Maintenance pending suit granted
Orders
- Husband to pay wife £14,166 per month from 1st February 2014 in advance
- Husband to pay health insurance directly
Full Case Text
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