Interim Maintenance – Husband Successfully Appeals Order
Family and Divorce
In the case of S V M [2012] a husband won his appeal against an order for maintenance pending suit (MPS).
The husband and wife married and after several years moved to a property to live together. The husband argued that this property had been paid for and owned by his father as an investment property for a long time before the couple married and moved there. The wife contended that her husband was and always had been the beneficial owner. The couple divorced and the father served a notice to quit on the wife at the property. The wife then applied for maintenance pending suit (MPS). The wife argued that her husband’s family had a significant fortune and that they should support her. The husband argued that he had no assets or income and had never supported his wife. Given the circumstances and length of the marriage he contended that the wife should not be entitled to anything.
The judge made an order for MPS providing for £750 per calendar month in respect of costs for the property and £2,400 per calender month to the wife’s solicitors on account of costs.
An order was subsequently made by the wife to enforce the order and to freeze six bank accounts held by the husband.
The husband appealed arguing the judge had failed to assess his ability to pay especially in the circumstances where the money would be coming from his father. There was also additional evidence that the husband’s father had no intention of providing further resources to his son bar covering his immediate living expenses.
The appeals were allowed. Cases involving family money required investigation as to the true historic position and the reality of past arrangements.
The process leading to the MPS and freezing order had been rushed and there had been no time to assess the background information. The MPS order had been clearly wrong and there was no evidence to suggest a freezing order was necessary.
Divorce Solicitors and Lawyers Eastbourne, Hailsham, Polegate, East Sussex
If you would like advice on divorce and finances please contact our Family Law Department for a free initial appointment in Eastbourne 01323 727321, Hailsham 01323 841481 or Polegate 01323 487051.
