M v M [2011] EWHC 3574 (Fam) (19 October 2010)

M v M [2011] EWHC 3574 (Fam) (19 October 2010)

The husband's wilful and continuing contempt in failing to provide financial disclosure impedes the course of justice, justifying refusal to hear his submissions. The wife is in immediate need of financial assistance, having been wholly dependent and unsupported since September 2009. The court has jurisdiction to make an interim maintenance order under s14 Part III, and legal fees are appropriately included as the wife cannot reasonably fund litigation otherwise.

Citation
[2011] EWHC 3574 (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 refuse to hear the respondent due to contempt
  2. 2 Whether the applicant is in immediate need of financial assistance under s14 Part III Matrimonial and Family Proceedings Act 1984
  3. 3 Whether legal fees should be included in interim maintenance

Ratio Decidendi

The husband's wilful and continuing contempt in failing to provide financial disclosure impedes the course of justice, justifying refusal to hear his submissions. The wife is in immediate need of financial assistance, having been wholly dependent and unsupported since September 2009. The court has jurisdiction to make an interim maintenance order under s14 Part III, and legal fees are appropriately included as the wife cannot reasonably fund litigation otherwise.

Court Disposition

Application granted

Orders

  • Interim maintenance order for £460,000 per annum, including £150,000 for rent
  • Legal fees allowance of £10,000 per month until the FDR hearing, backdated to 20 July 2010