Family proceedings
CW v CH [2022] EWFC 1, All ER (D) 28 (Jan)
The Family Court, allowed the applications for interim periodical payments and costs allowance in respect of legal fees brought by the claimant, CW, against her former husband, CH, the respondent. The claimant had brought an application for financial relief under the Matrimonial and Family Proceedings Act 1984 Part III (MFPA 1984) following a foreign divorce between her and the respondent. The respondent, argued that the applicant’s application should be dismissed as it was devoid of merit. The court held, among other things, that under ss 13 and 14 of the MFPA 1984, where leave had been granted by the court, and it had been shown that the applicant or any child of the family was in immediate need of financial assistance, the court could make an interim order for maintenance requiring the other party to the marriage to make to the applicant, or to the child, such periodical payments. Further, although the marital standard of living had been an important factor in determining fairness, it was erroneous to replicate
