MET v HAT (No.2)

MET v HAT (No.2)

Given the revised expert opinion that the divorce is a proceedings divorce, the wife has a strong case for relief under Part III of the Matrimonial and Family Proceedings Act 1984. The husband's financial disclosure is deficient, justifying robust assumptions about his ability to pay. The wife's budget is reasonable and reckless dissipation of funds is not to be considered at the interim stage.

Parties
Applicant: MET; Respondent: HAT
Jurisdiction
England and Wales
Judgment Date
25 February 2014
Procedural Posture
Family / Interim Application for Maintenance Pending Suit and Legal Services Payment Order
Outcome
Interim maintenance and legal services payment order granted to the wife.
Legal Topics
Interim Maintenance, Legal Services Payment Order, Recognition of Foreign Divorce, Dissipation of Assets, Financial Disclosure
Family Law Interim Maintenance Legal Services Payment Order Recognition of Foreign Divorce Dissipation of Assets Financial Disclosure

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Parties

MET

Applicant

HAT

Respondent

Procedural Posture

Family / Interim Application for Maintenance Pending Suit and Legal Services Payment Order

Legal Issues

  1. 1 Whether the wife is entitled to interim maintenance pending suit and a legal services payment order
  2. 2 Whether the divorce pronounced in the husband's home country is a proceedings or non-proceedings divorce for recognition in this jurisdiction
  3. 3 Whether reckless dissipation of funds should be considered at the interim stage

Ratio Decidendi

Given the revised expert opinion that the divorce is a proceedings divorce, the wife has a strong case for relief under Part III of the Matrimonial and Family Proceedings Act 1984. The husband's financial disclosure is deficient, justifying robust assumptions about his ability to pay. The wife's budget is reasonable and reckless dissipation of funds is not to be considered at the interim stage.

Court Disposition

Interim maintenance and legal services payment order granted to the wife.

Orders

  • Husband to pay wife £33,166 per month for maintenance pending suit from 1 March 2014.
  • Husband to pay wife £11,000 per month as a costs allowance from 1 March 2014 to 1 February 2015 or until FDR, if earlier.