DR v ES [2022] EWFC 62 (20 January 2022)

DR v ES [2022] EWFC 62 (20 January 2022)

The court must balance the applicant's reasonable needs, including housing and living expenses, against the respondent's ability to pay, even if this requires borrowing, and must ensure the applicant has adequate legal funding to participate effectively in proceedings. The interim maintenance is set at a level...

Source-derived case information.

Citation
[2022] EWFC 62
Parties
Applicant: DR; Respondent: ES
Jurisdiction
England and Wales
Judgment Date
20 January 2022
Procedural Posture
Family Law Divorce and Financial Remedies / Interim Application for Maintenance Pending Suit and Legal Services Provision Order
Outcome
Interim maintenance and legal services provision order granted in part.
Legal Topics
Maintenance Pending Suit, Interim Periodical Payments, Legal Services Provision Order (lspo), Children Act 1989 Schedule 1, Financial Remedies, Shared Care Arrangements
Family Law Maintenance Pending Suit Interim Periodical Payments Legal Services Provision Order (lspo) Children Act 1989 Schedule 1 Financial Remedies Shared Care Arrangements

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Parties

DR

Applicant

ES

Respondent

Procedural Posture

Family Law Divorce and Financial Remedies / Interim Application for Maintenance Pending Suit and Legal Services Provision Order

Legal Issues

  1. 1 Appropriate level of interim maintenance for applicant and children
  2. 2 Appropriate quantum and necessity for legal services provision order (LSPO)
  3. 3 Assessment of needs and standard of living in high-net-worth divorce

Ratio Decidendi

The court must balance the applicant's reasonable needs, including housing and living expenses, against the respondent's ability to pay, even if this requires borrowing, and must ensure the applicant has adequate legal funding to participate effectively in proceedings. The interim maintenance is set at a level reflecting a reasonable standard of living, not the full amount claimed, and legal fees are awarded to cover outstanding and future costs up to specified limits.

Court Disposition

Interim maintenance and legal services provision order granted in part.

Orders

  • Respondent to pay applicant interim periodical payments of £13,333 per month (£160,000 per annum) for herself and the children, inclusive of rent and living expenses.
  • Respondent to pay legal services provision order of £433,700 for financial remedy proceedings up to and including FDR.