YM v NM (Maintenance Pending Suit)

YM v NM (Maintenance Pending Suit)

The wife failed to demonstrate to the court that she is likely to succeed in setting aside the consent order, and provided insufficient objective evidence of a real risk of dissipation to justify injunctive relief. Therefore, both applications are dismissed.

Parties
Applicant: YM; Respondent: NM
Jurisdiction
England and Wales
Judgment Date
25 February 2020
Procedural Posture
Family / Interlocutory Applications Ruling
Outcome
Applications dismissed
Legal Topics
Maintenance Pending Suit, Injunctive Relief, Consent Orders, Set Aside Applications
Family Law Maintenance Pending Suit Injunctive Relief Consent Orders Set Aside Applications

Case Brief

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Parties

YM

Applicant

NM

Respondent

Procedural Posture

Family / Interlocutory Applications Ruling

Legal Issues

  1. 1 Whether the wife is entitled to maintenance pending suit despite a consent order dismissing claims for maintenance
  2. 2 Whether the wife is entitled to injunctive relief restraining sale of the former matrimonial home unless the husband agrees to her escrow terms

Ratio Decidendi

The wife failed to demonstrate to the court that she is likely to succeed in setting aside the consent order, and provided insufficient objective evidence of a real risk of dissipation to justify injunctive relief. Therefore, both applications are dismissed.

Court Disposition

Applications dismissed

Orders

  • The wife's application for maintenance pending suit is dismissed.
  • The wife's application for injunctive relief is dismissed.