DH v RH (No 2) (Variation of Interim Arrangements)

DH v RH (No 2) (Variation of Interim Arrangements)

The freezing order over the husband's life insurance policy is discharged and the husband is permitted to borrow against the policy to meet his obligations under the LSPO and MPS orders as varied, and to fund a portion of his own expenses and legal costs. The MPS order is varied to remove the £7,000 per month rent component, as the wife is no longer renting in London but occupies the Wyoming property. The LSPO and MPS orders otherwise remain in place. The husband's applications to discharge the LSPO and MPS orders, to release undertakings regarding bank accounts and rental income, and to require the wife to vacate the Wyoming property are refused. The court found that, despite incomplete...

Parties
Applicant: DH; Respondent: RH
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Financial Remedy Proceedings (matrimonial) / Interim Applications Prior to Final Hearing
Outcome
Freezing order discharged; MPS order varied; LSPO and MPS orders otherwise remain; other interim applications dismissed.
Legal Topics
Maintenance Pending Suit (mps), Legal Services Payment Order (lspo), Freezing Injunction, Variation of Orders, Disclosure of Assets
Family Law Maintenance Pending Suit (mps) Legal Services Payment Order (lspo) Freezing Injunction Variation of Orders Disclosure of Assets

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Parties

DH

Applicant

RH

Respondent

Procedural Posture

Financial Remedy Proceedings (matrimonial) / Interim Applications Prior to Final Hearing

Legal Issues

  1. 1 Whether the freezing order over the husband's life insurance policy should be discharged
  2. 2 Whether the husband should be permitted to borrow against the policy to meet interim obligations
  3. 3 Whether the MPS and LSPO orders should be discharged or varied

Ratio Decidendi

The freezing order over the husband's life insurance policy is discharged and the husband is permitted to borrow against the policy to meet his obligations under the LSPO and MPS orders as varied, and to fund a portion of his own expenses and legal costs. The MPS order is varied to remove the £7,000 per month rent component, as the wife is no longer renting in London but occupies the Wyoming property. The LSPO and MPS orders otherwise remain in place. The husband's applications to discharge the LSPO and MPS orders, to release undertakings regarding bank accounts and rental income, and to require the wife to vacate the Wyoming property are refused. The court found that, despite incomplete...

Court Disposition

Freezing order discharged; MPS order varied; LSPO and MPS orders otherwise remain; other interim applications dismissed.

Orders

  • Freezing injunction over the life insurance policy is discharged.
  • Husband permitted to borrow against the policy to satisfy obligations under the LSPO and MPS orders as varied, and to meet a portion of his own expenses and legal expenses.