Maintenance Pending Suit in UK Law

Leading Cases
  • Robson v Robson
    • Court of Appeal (Civil Division)
    • 21 Diciembre 2010

    Payment of periodical payments in the interim is more difficult. There is an element of double counting if maintenance pending suit/periodical payments are contemplated to continue for some time after judgment but at the same time the calculation of the lump sum is made on the basis that it included those payments from the time the judgment is made. On the other hand, hardship may be suffered by the wife if she has no maintenance for her support while she waits for payment of her lump sum.

  • Wermuth v Wermuth
    • Court of Appeal (Civil Division)
    • 04 Febrero 2003

    Second one of the primary objectives of the Convention is to simplify jurisdictional rules and to eliminate expensive and superfluous litigation. The couple that first litigates where to litigate might be said to be cursed. By contrast the costs in Germany are said to be £11,000 for the wife and £2,600 for the husband. The inevitable comparison should give the specialist practitioners in London pause for thought.

  • Nichola Anne Joy v Clive Douglas Christopher Joy-morancho (First Respondent) Nautilus Fiduciary (Asia) Ltd (the trustee of The New Huertotrust) (Third Respondent) LCAL Anthology Inc. (Fourth Respondent)
    • Family Division
    • 28 Agosto 2015

    The evaluation of W's entitlement to continuing provision by way of periodical payments has to be approximate and broadbrush for a number of reasons. The order will be for H to pay W maintenance pending suit until decree absolute and thereafter periodical payments at the annual rate of £120,000 per annum, payable monthly in advance during joint lives until she remarries or further order.

  • Petrodel Resources Ltd and Others v Prest
    • Court of Appeal (Civil Division)
    • 26 Octubre 2012

    The flaw in the 'power equals property' approach is that it ignores the fundamental principle that the only entity with the power to deal with assets held by it is the company. Those who control its affairs — even if the control is in a single individual — act merely as the company's agents.

  • Lamagni v Lamagni
    • Court of Appeal (Civil Division)
    • 07 Abril 1995

    However the major cases which have come before these courts since the implementation of the 1984 Act have been in relation to wives who have obtained orders in forum courts which they have then felt to be inadequate and have come to the English courts for a more generous order.

  • Baker v Baker (No 2)
    • Court of Appeal (Civil Division)
    • 26 Julio 1996

    In other words, what Hill J was saying was that the non-payment of the sums ordered was, in itself, a contempt and that the question of whether that non-payment was contumelious was relevant to the exercise of the discretion. It was not relevant to the decision whether there was a contempt. If the question had been whether it was contempt for the purposes of, for example, a judgment summons under the Debtors Act then different considerations would apply.

  • Fz v Sz (Ancillary Relief: Conduct)
    • Family Division
    • 05 Julio 2010

    I have the distinct impression that a sort of lazy laissez-faire practice or syndrome has grown up which says that provided that the return date is soon, and provided that the court is satisfied that no material prejudice will be caused to the respondent, then there is no harm in making the order ex parte. In my opinion this is absolutely wrong and turns principle on its head.

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Legislation
  • Matrimonial Causes Act 1973
    • UK Non-devolved
    • 1 de Enero de 1973
    ...... relating to matrimonial proceedings, maintenance agreements, and declarations of legitimacy, ... Divorce, Nullity and Other Matrimonial Suits Part I . Divorce, Nullity and Other Matrimonial ...for the time being pending from time to time by special order. fixes a ......
  • Matrimonial Proceedings and Property Act 1970
    • UK Non-devolved
    • 1 de Enero de 1970
    ...... the Matrimonial Causes (Property and Maintenance) Act 1958; to amend the law about the property of ... Maintenance pending suit in cases of divorce, etc. . Maintenance ......
  • Domicile and Matrimonial Proceedings Act 1973
    • UK Non-devolved
    • 1 de Enero de 1973
    ...... shall, at any time when proceedings are pending. in respect of which it has jurisdiction by ... the court's jurisdiction on a maintenance application. unless it would have jurisdiction to ...Act 1973 (maintenance for spouse pending suit),. .   . ( b . ) such an order as is ......
  • Family Proceedings Rules 1991
    • UK Non-devolved
    • 1 de Enero de 1991
    ...... (c) an order for maintenance pending suit, . (d) a property adjustment order, ......
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Books & Journal Articles
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Law Firm Commentaries
  • Arrangement With The Mainland On Reciprocal Recognition And Enforcement
    • Mondaq UK
    ...... any order for financial settlement or maintenance payments. On the other hand, parties divorced on ... periodical payments, maintenance pending suit and lump sum, transfer and sale of property, ......
  • Can We Finalise Our Divorce Before The House Is Sold?
    • Mondaq UK
    ......still require a level of maintenance and heat and may be harder to. sell if it falls ...suit you.  This may be your preferred option if you ...solicitors pending finalisation by way of a consent order court. ......
  • Construction Contract Signed - What Next For An Owner?
    • Mondaq United Kingdom
    ...... the end of the defects liability (or maintenance) period. Every owner needs to make sure in all ... is required to continue with the works pending agreement of the extra time and/or cost of the ...In reality, it will suit many owners to leave assessment of variations to ......
  • Construction Contract Signed - What Next For An Owner?
    • Mondaq United Kingdom
    ...... the end of the defects liability (or maintenance) period. Every owner needs to make sure in all ... is required to continue with the works pending agreement of the extra time and/or cost of the ...In reality, it will suit many owners to leave assessment of variations to ......
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