PS v NB

PS v NB

The husband's financial disclosure is deficient and unreliable; robust assumptions are drawn that he has access to substantial assets. The application for interim sale of the family home is rejected, and orders for maintenance pending suit and legal services payment are granted, with quantification reflecting reasonable living and litigation costs and requiring the wife to contribute from her own assets.

Parties
Applicant: PS; Respondent: NB
Jurisdiction
England and Wales
Judgment Date
17 November 2024
Procedural Posture
Financial Remedies / Interim Hearing
Outcome
interim orders granted
Legal Topics
Maintenance Pending Suit, Legal Services Payment Order, Trusts of Land and Appointment of Trustees Act (tlata), Interim Order for Sale
Family Law Maintenance Pending Suit Legal Services Payment Order Trusts of Land and Appointment of Trustees Act (tlata) Interim Order for Sale

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Parties

PS

Applicant

NB

Respondent

Procedural Posture

Financial Remedies / Interim Hearing

Legal Issues

  1. 1 Whether the husband should pay maintenance pending suit and legal services payment order to the wife
  2. 2 Whether the family home should be sold under TLATA
  3. 3 Assessment of the husband's financial disclosure and access to trust assets

Ratio Decidendi

The husband's financial disclosure is deficient and unreliable; robust assumptions are drawn that he has access to substantial assets. The application for interim sale of the family home is rejected, and orders for maintenance pending suit and legal services payment are granted, with quantification reflecting reasonable living and litigation costs and requiring the wife to contribute from her own assets.

Court Disposition

interim orders granted

Orders

  • Husband to pay mortgage and household outgoings until conclusion of proceedings
  • Husband to pay maintenance pending suit of £7,500 per month