M v M [2010] EWHC 2817 (Fam) (19 October 2010)

M v M [2010] EWHC 2817 (Fam) (19 October 2010)

The respondent's wilful contempt in failing to provide financial disclosure impedes the course of justice and justifies barring him from being heard at this interim hearing. The applicant is in immediate need for interim maintenance, having been wholly financially dependent on the respondent and receiving no support for over a year. The court draws adverse inferences as to the respondent's wealth and ability to pay. Interim maintenance is ordered at £460,000 per annum, including £150,000 for rent, plus legal fees at £10,000 per month until the FDR hearing.

Citation
[2010] EWHC 2817 (Fam)
Parties
Applicant: M; Respondent: M
Jurisdiction
England and Wales
Judgment Date
19 October 2010
Procedural Posture
Application for Interim Periodical Payments Under Part III Matrimonial and Family Proceedings Act 1984 / Interim Hearing
Outcome
Application granted
Legal Topics
Interim Maintenance, Financial Relief After Foreign Divorce, Contempt of Court, Jurisdiction, Legal Fees Funding
Family Law Interim Maintenance Financial Relief After Foreign Divorce Contempt of Court Jurisdiction Legal Fees Funding

Case Brief

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Parties

M

Applicant

M

Respondent

Procedural Posture

Application for Interim Periodical Payments Under Part III Matrimonial and Family Proceedings Act 1984 / Interim Hearing

Legal Issues

  1. 1 Whether the court should bar the respondent from being heard due to contempt
  2. 2 Whether the applicant is in 'immediate need' for interim maintenance under s14 Part III Matrimonial and Family Proceedings Act 1984
  3. 3 Appropriate quantum and structure of interim maintenance

Ratio Decidendi

The respondent's wilful contempt in failing to provide financial disclosure impedes the course of justice and justifies barring him from being heard at this interim hearing. The applicant is in immediate need for interim maintenance, having been wholly financially dependent on the respondent and receiving no support for over a year. The court draws adverse inferences as to the respondent's wealth and ability to pay. Interim maintenance is ordered at £460,000 per annum, including £150,000 for rent, plus legal fees at £10,000 per month until the FDR hearing.

Court Disposition

Application granted

Orders

  • Respondent barred from being heard at interim hearing due to contempt
  • Interim maintenance ordered at £460,000 per annum, including £150,000 for rent