Key Facts
- •Wife (W) and Husband (H) divorced nearly 25 years ago.
- •W applied for interim periodical payments (PPs) of £9,344 per month and a legal services payment order (LSPO) of £227,321.
- •Parties entered into a deed of separation in 1994, but its conversion into a court order is unclear.
- •H provided W with generous financial support for over 20 years after separation.
- •H ceased all payments in March 2022.
- •W has assets including a London property, modest bank balances, an anticipated inheritance, and chattels.
- •H is very wealthy with significant personal and trust assets.
Legal Principles
Reasonableness/fairness is the sole criterion for interim periodical payments.
TL v ML [2006] 1 FLR 1263, Rattan v Kuwad [2021] EWCA Civ 1
In considering LSPO applications, the court considers ability to pay, doubtfulness of the claim, and availability of alternative funding.
Rubin v Rubin [2014] EWHC 611
Delay in bringing a financial remedies claim is not a jurisdictional bar but a factor in assessing the case.
Rossi v Rossi [2007] 1 FLR 790, Wyatt v Vince [2015] UKSC 14
On an interim provision application, pre-marital agreements are applied closely unless there is a likely prospect of not upholding them.
BN v MA 2013 EWHC 4250
Outcomes
Interim periodical payments of £8,500 per month, backdated to the application date.
To restore a status quo ante given H's wealth and W's limited resources, considering H's long-term support.
LSPO of £200,000 payable in installments.
To level the playing field and enable W to litigate fairly, rejecting H's arguments and considering W's inability to access other funding.