Moore v Moore [2009] EWCA Civ 1427 (21 October 2009)

Moore v Moore [2009] EWCA Civ 1427 (21 October 2009)

Withdrawal of the divorce petition does not retrospectively discharge the payer's liability under a Maintenance Pending Suit Order; arrears accrued prior to withdrawal remain enforceable, and the court will not exercise its discretion to remit such arrears absent special circumstances. The appellant's arguments are unsupported by authority and contrary to public policy and established case law.

Citation
[2009] EWCA Civ 1427
Parties
Appellant: Moore; Respondent: Moore
Jurisdiction
England and Wales
Judgment Date
21 October 2009
Procedural Posture
Family Law Appeal / Appeal From the Principal Registry of the Family Division to the Court of Appeal (civil Division)
Outcome
Appeal dismissed
Legal Topics
Maintenance Pending Suit, Jurisdiction, Enforcement of Maintenance Orders, Discretion to Remit Arrears
Family Law Maintenance Pending Suit Jurisdiction Enforcement of Maintenance Orders Discretion to Remit Arrears

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Parties

Moore

Appellant

Moore

Respondent

Procedural Posture

Family Law Appeal / Appeal From the Principal Registry of the Family Division to the Court of Appeal (civil Division)

Legal Issues

  1. 1 Whether withdrawal of a divorce petition retrospectively discharges liability under a Maintenance Pending Suit Order
  2. 2 Whether arrears under a Maintenance Pending Suit Order remain enforceable after withdrawal of proceedings
  3. 3 Whether the court has discretion to remit arrears or discharge the order ab initio

Ratio Decidendi

Withdrawal of the divorce petition does not retrospectively discharge the payer's liability under a Maintenance Pending Suit Order; arrears accrued prior to withdrawal remain enforceable, and the court will not exercise its discretion to remit such arrears absent special circumstances. The appellant's arguments are unsupported by authority and contrary to public policy and established case law.

Court Disposition

Appeal dismissed

Orders

  • Permission to appeal granted
  • Appeal dismissed