Rattan v Kuwad: As we were!

Grainne Fahy, IAFL Fellow and BLM's Head of Family Law London and South East gives her thoughts on the recent case of Rattan v Kuwad [2021] EWCA Civ 1, and the maintenance pending suit application.

"I think we can all agree that an application for maintenance pending suit is urgent by its very nature. It is designed to bridge the gap between the application being issued and the final order being made, so that the needs of the financially non-dominant spouse and children are met in the interim."

Summing up some of the issues presented by the case, Grainne concludes: "This case highlights the problems that we all experience in the family courts more than any I have read for some time. The delays, costs and risk of litigation, the failure of some judges to finish the job; set alongside a position where the litigation costs more than likely exceeded the extent of the interim maintenance provision. In my view, this is nothing short of an utter nonsense! And what have we got to show? As we were!"

Read the full article from Grainne here

Disclaimer: This document does not present a complete or comprehensive statement of the law, nor does it constitute legal advice. It is intended only to highlight issues that may be of interest to clients of BLM. Specialist legal advice should always be sought in any particular case.

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