News

High Court rejects wife’s exaggerated income budget

  • March 11, 2015
  • By Hunters Law

A wife’s application for interim maintenance was rejected in the recently reported decision of BD v FD [2014] EWHC 4443 (Fam) as her interim budget significantly exceeded the standard of living of marriage.

The husband’s case was that the wife’s budget was unsustainable because it was manifestly exaggerated and unrealistic. The maintenance sought by the wife was so far in excess of the standard of living during the marriage that it was unprincipled and unreasonable. The wife’s budget had included holidays and weekend breaks; clothes, shoes and jewellery; and outings, restaurants and entertaining which bore no reflection to expenditure incurred by the family during the marriage.

Mr Justice Moylan adjudged the wife’s budget included a significant element of forensic exaggeration, and that the amount sought substantially exceeded the marital standard of living. There would need to be some specific, powerful, justification for that standard being exceeded on an interim basis. In this instance, the husband was paying the wife sufficient maintenance to enable the wife to meet her reasonable income needs for herself and the children over the next year.

Related News

Jan 26, 2023
Hunters Law launches new ‘one couple, one lawyer’ service: Resolve
Jan 23, 2023
Amy Scollan discusses English assets after a foreign divorce
Jan 17, 2023
Jo Carr-West discusses the impact of the cost of living crisis for divorcing couples in EPrivateClient
Nov 29, 2022
Resolution’s Good Divorce Week 2022
Nov 24, 2022
Richard Kershaw participates in Today’s Family Lawyer Podcast
Nov 03, 2022
Hunters Law is recognised in The Times’ Best Law Firms 2023
Nov 01, 2022
Olivia Piercy discusses financial abuse in HNW divorces in the FTAdviser
Oct 21, 2022
Olivia Piercy participates in Today’s Family Lawyer Podcast
Oct 20, 2022
Richard Kershaw examines the recent multi-million pound divorce proceedings in the case of SA v FA in EPrivateClient
Oct 20, 2022
Olivia Piercy examines tougher measurers for perpetrators of domestic abuse in The Times

© Hunters Law LLP 2023 | Privacy NoticeLegal & Regulatory | Cookies Policy | Complaints Procedure.

Hunters Law LLP is authorised and regulated by the Solicitors Regulation Authority (number 657218)