M v M [2008] NIFam 61 (6 August 2008)

M v M [2008] NIFam 61 (6 August 2008)

Given Respondent's high income and Petitioner's modest expectations relative to prior standard of living, maintenance pending suit should reflect the family's established affluent lifestyle and not be confined to ordinary scales.

Citation
[2008] NIFam 61
Parties
Petitioner: M; Respondent: M
Jurisdiction
Northern Ireland
Judgment Date
06 August 2008
Procedural Posture
Maintenance Pending Suit Application / Interlocutory
Outcome
Application granted in part
Legal Topics
Maintenance Pending Suit, Standard of Living, Interim Financial Relief
Family Law Maintenance Pending Suit Standard of Living Interim Financial Relief

Case Brief

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Parties

M

Petitioner

M

Respondent

Procedural Posture

Maintenance Pending Suit Application / Interlocutory

Legal Issues

  1. 1 Quantum of maintenance pending suit
  2. 2 Effect of alleged adultery on maintenance
  3. 3 Appropriate standard of living for interim maintenance

Ratio Decidendi

Given Respondent's high income and Petitioner's modest expectations relative to prior standard of living, maintenance pending suit should reflect the family's established affluent lifestyle and not be confined to ordinary scales.

Court Disposition

Application granted in part

Orders

  • Respondent to pay Petitioner £5,000 on 16 July for withheld rental payments over three months.
  • Respondent to pay Petitioner £3,500 per month commencing 16 August by direct debit until further order.