SM v BA (No 2: Maintenance Pending Suit)

SM v BA (No 2: Maintenance Pending Suit)

The reasonable and fair interim maintenance pending suit figure is £29,750 per month, reflecting the marital standard of living, immediate needs, and the respondent's ability to pay, based on detailed budget analysis and historic receipts. Costs of the LSPO application are awarded to the applicant at 85% of 80% of claimed costs, assessed on the standard basis, as conduct did not take the case out of the norm.

Parties
Applicant: SM; Respondent: BA
Jurisdiction
England and Wales
Judgment Date
19 February 2025
Procedural Posture
Family / Interim Application for Maintenance Pending Suit
Outcome
Application granted in part
Legal Topics
Maintenance Pending Suit, Interim Financial Orders, Costs, Disclosure, Marital Standard of Living
Family Law Maintenance Pending Suit Interim Financial Orders Costs Disclosure Marital Standard of Living

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Parties

SM

Applicant

BA

Respondent

Procedural Posture

Family / Interim Application for Maintenance Pending Suit

Legal Issues

  1. 1 What is the reasonable amount for maintenance pending suit given the parties' assets and standard of living?
  2. 2 How should the court assess the applicant's interim budget and respondent's ability to pay?
  3. 3 Should the maintenance order be backdated?

Ratio Decidendi

The reasonable and fair interim maintenance pending suit figure is £29,750 per month, reflecting the marital standard of living, immediate needs, and the respondent's ability to pay, based on detailed budget analysis and historic receipts. Costs of the LSPO application are awarded to the applicant at 85% of 80% of claimed costs, assessed on the standard basis, as conduct did not take the case out of the norm.

Court Disposition

Application granted in part

Orders

  • Respondent to pay applicant £29,750 per month maintenance pending suit.
  • Respondent to pay specified expenditure directly (c. £143,759 per annum).