E v B (Interim Maintenance Inaccurate Time Estimate) [2021] EWFC B90 (04 November 2021)

E v B (Interim Maintenance Inaccurate Time Estimate) [2021] EWFC B90 (04 November 2021)

The respondent is able to pay more than currently provided and has not demonstrated inability to comply with an interim maintenance order due to currency controls. The applicant's need is established but must be adjusted for her entitlement to rental income from co-owned properties. The applicant failed to meet the evidential threshold for a costs allowance, as she did not provide reliable evidence of inability to obtain litigation funding.

Citation
[2021] EWFC B90
Parties
Applicant: E; Respondent: B
Jurisdiction
England and Wales
Judgment Date
04 November 2021
Procedural Posture
Family Law Financial Relief After Overseas Divorce (part III MFPA 1984) / Interim Applications for Maintenance and Costs Allowance Prior to FDR
Outcome
Interim maintenance application granted in part; costs allowance application dismissed.
Legal Topics
Interim Maintenance, Costs Allowance, Financial Relief After Overseas Divorce, Part III MFPA 1984, Litigation Funding, Currency Controls
Family Law Interim Maintenance Costs Allowance Financial Relief After Overseas Divorce Part III MFPA 1984 Litigation Funding Currency Controls

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Parties

E

Applicant

B

Respondent

Procedural Posture

Family Law Financial Relief After Overseas Divorce (part III MFPA 1984) / Interim Applications for Maintenance and Costs Allowance Prior to FDR

Legal Issues

  1. 1 Whether the respondent should be ordered to increase interim maintenance payments from £1,000 to £3,700 per month (plus nursery fees and health cover)
  2. 2 Whether a costs allowance of £49,500 plus VAT should be ordered for the applicant's legal costs up to FDR

Ratio Decidendi

The respondent is able to pay more than currently provided and has not demonstrated inability to comply with an interim maintenance order due to currency controls. The applicant's need is established but must be adjusted for her entitlement to rental income from co-owned properties. The applicant failed to meet the evidential threshold for a costs allowance, as she did not provide reliable evidence of inability to obtain litigation funding.

Court Disposition

Interim maintenance application granted in part; costs allowance application dismissed.

Orders

  • Respondent to pay interim maintenance of £3,000 per month in addition to nursery fees and health cover.
  • Applicant's application for a costs allowance is dismissed.