A v A (Maintenance Pending Suit: Provision for Legal Fees)
| Jurisdiction | England & Wales |
| Judgment Date | 01 November 2000 |
| Date | 01 November 2000 |
| Court | Family Division |
Family Division
Before Mr Justice Holman.
Matrimonial law - maintenance payments pending divorce action - can include provision for legal fees
Under section 22 of the Matrimonial Causes Act 1973 the power to order such periodical payments of maintenance pending suit as the court thought reasonable was wide enough to cover an order to help fund the payee's legal fees during the divorce proceedings.
Mr Justice Holman, so held in the Family Division when giving reasons in open court for the order made at an interlocutory hearing in chambers in ongoing matrimonial proceedings on October 20, 2000 whereby he granted the wife's application for monthly periodical payments of maintenance pending suit to include a sum specifically allocated for the payment of her legal fees, on her undertaking to pay that sum to her solicitors on account of the costs of the proceedings.
Mr Jeremy Posnansky, QC, for the wife; Mr Barry Singleton, QC and Mr Christopher Pocock for the husband.
MR JUSTICE HOLMAN said that the parties, who were Muslim Arabs, had two children. Although they had lived together as husband and wife from 1980 to 1999 there was a dispute as to whether they had ever been validly married.
The wife had petitioned for divorce and the substantive issues, including the disputed matrimonial status, were due to be heard in January 2001.
The wife, who had neither capital nor income, was completely dependent upon the husband who had considerable assets. She had been in receipt of legal aid but, following the making of an order for maintenance pending suit in April 2000, her legal aid certificate had been discharged in August since when her unpaid legal costs had amounted to some Pounds 40,000.
Although there was no direct authority upon the point, his Lordship was satisfied that the words of section 22 of the Matrimonial Causes Act 1973, requiring periodical payments to be reasonable and for the maintenance of the payee, were wide enough to empower the court to include an element towards the payee's costs of the suit when ordering maintenance pending suit.
In his Lordship's view legal fees incurred in the course of litigation were such recurring expenses of an income nature; nor was maintenance...
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