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Important reminder of the approach taken by a Court in relation to applications for Maintenance Pending Suit

Date:3 FEB 2021

The recent case of Rattan v Kuwad [2021] EWCA Civ 1 has provided family lawyers with an important reminder to consider the way in which the courts should approach applications for maintenance pending suit (MPS).

The original application came before Deputy District Judge Morris who ordered that the husband pay the wife £2 850 per month on an interim basis to provide for the shortfall in her income needs and a school fees order was also made. Part of the purpose of the MPS order was to allow the wife to make mortgage repayments on the former matrimonial home.

In the one-day hearing DDJ Morris ordered that the mortgage on the matrimonial home be changed to a fixed rate thus reducing the wife’s monthly income needs by approximately £600 per calendar month. DDJ Morris refused to order for additional monies to be paid to the wife in order to conduct repairs on the former matrimonial home as there was not enough evidence to support them being necessary. DDJ Morris rejected the husband’s argument that he was unemployed and was struggling to seek employment in her...

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