PM v RM

PM v RM

The applicant is entitled to maintenance pending suit and a legal services payment order based on the high standard of living, deficient disclosure by the respondent, and the likelihood that the respondent has access to significant resources. The injunction application is refused due to lack of evidential basis for risk of dissipation, but directions are given to expedite financial remedy proceedings.

Parties
Applicant: PM; Respondent: RM
Jurisdiction
England and Wales
Judgment Date
24 January 2025
Procedural Posture
Family Law Financial Remedies / Interim Application for Maintenance Pending Suit and Legal Services Payment Order
Outcome
Application for maintenance pending suit and legal services payment order granted; injunction application refused; directions for expedition of proceedings issued.
Legal Topics
Maintenance Pending Suit, Legal Services Payment Order, Injunction, Financial Disclosure, Standard of Living, Interim Relief
Family Law Maintenance Pending Suit Legal Services Payment Order Injunction Financial Disclosure Standard of Living Interim Relief

Case Brief

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Parties

PM

Applicant

RM

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant is entitled to maintenance pending suit under s22 Matrimonial Causes Act 1973
  2. 2 Whether the applicant is entitled to a legal services payment order under s22ZA Matrimonial Causes Act 1973
  3. 3 Whether an injunction should be granted against the trustees of the A Trust to prevent dealing with the family home

Ratio Decidendi

The applicant is entitled to maintenance pending suit and a legal services payment order based on the high standard of living, deficient disclosure by the respondent, and the likelihood that the respondent has access to significant resources. The injunction application is refused due to lack of evidential basis for risk of dissipation, but directions are given to expedite financial remedy proceedings.

Court Disposition

Application for maintenance pending suit and legal services payment order granted; injunction application refused; directions for expedition of proceedings issued.

Orders

  • Respondent to pay applicant £33,410 per month in advance from date of application for maintenance pending suit.
  • Respondent to pay mortgage payments, utility payments, school fees, salary for one security guard and nanny, and medical expenses.