DR v ES

DR v ES

The court must provide for the wife's and children's reasonable needs on an interim basis, reflecting the family's standard of living but within the constraints of available resources and liquidity. The wife is entitled to interim maintenance of £160,000 per year (£13,333 per month), and a legal services provision order of £433,700 for financial remedy proceedings and £150,000 for Children Act proceedings, to be funded by the husband, who may need to borrow to meet these obligations.

Parties
Applicant: DR; Respondent: ES
Jurisdiction
England and Wales
Judgment Date
20 January 2022
Procedural Posture
Family (divorce/financial Remedy/children) / Interim Application for Maintenance Pending Suit and Legal Services Provision Order
Outcome
Interim maintenance and legal services provision order granted
Legal Topics
Maintenance Pending Suit, Interim Periodical Payments, Legal Services Provision Order (lspo), Children Act Proceedings, Financial Remedy
Family Law Maintenance Pending Suit Interim Periodical Payments Legal Services Provision Order (lspo) Children Act Proceedings Financial Remedy

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Parties

DR

Applicant

ES

Respondent

Procedural Posture

Family (divorce/financial Remedy/children) / Interim Application for Maintenance Pending Suit and Legal Services Provision Order

Legal Issues

  1. 1 Appropriate quantum for interim maintenance for wife and children
  2. 2 Appropriate quantum for legal services provision order
  3. 3 Assessment of needs and resources on interim basis

Ratio Decidendi

The court must provide for the wife's and children's reasonable needs on an interim basis, reflecting the family's standard of living but within the constraints of available resources and liquidity. The wife is entitled to interim maintenance of £160,000 per year (£13,333 per month), and a legal services provision order of £433,700 for financial remedy proceedings and £150,000 for Children Act proceedings, to be funded by the husband, who may need to borrow to meet these obligations.

Court Disposition

Interim maintenance and legal services provision order granted

Orders

  • Husband to pay wife interim maintenance of £160,000 per year (£13,333 per month) for herself and the children, inclusive of specified budgets for rent, living expenses, and discretionary items.
  • Husband to pay legal services provision order of £433,700 for outstanding and future costs of financial remedy proceedings up to and including FDR.