Moore v Moore

Moore v Moore

Withdrawal of the divorce petition does not discharge the payer’s liability for arrears under a Maintenance Pending Suit Order; such arrears remain enforceable unless special circumstances are shown, and the court’s discretionary power to remit arrears was not exercised in this case.

Parties
Appellant: Moore; Respondent: Moore
Jurisdiction
England and Wales
Judgment Date
21 October 2009
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Maintenance Pending Suit, Jurisdiction, Arrears, Discretionary Stay, Remission of Arrears
Family Law Maintenance Pending Suit Jurisdiction Arrears Discretionary Stay Remission of Arrears

Case Brief

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Parties

Moore

Appellant

Moore

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether withdrawal of divorce petition discharges liability under Maintenance Pending Suit Order ab initio
  2. 2 Whether arrears under Maintenance Pending Suit Order are enforceable after withdrawal of petition
  3. 3 Whether court has power to remit arrears or order repayment

Ratio Decidendi

Withdrawal of the divorce petition does not discharge the payer’s liability for arrears under a Maintenance Pending Suit Order; such arrears remain enforceable unless special circumstances are shown, and the court’s discretionary power to remit arrears was not exercised in this case.

Court Disposition

appeal dismissed

Orders

  • permission to appeal granted
  • appeal dismissed