Financial Remedies Journal: Baker v Baker [2022] EWFC 15

Baker v Baker [2022] EWFC 154 February 2022

Published: 11/03/2022 09:00

Polly Morgan | Case EditorPolly is the sole author of the textbook Morgan's Family Law (Oxford University Press 2021) and contributes the chapter on financial remedies to Lamont's Family Law (2nd edn Oxford University Press 2022). An associate professor at UEA Law School, Polly is also Director of the multi award-winning UEA Law Clinic. A solicitor and law firm co-founder, she now practises exclusively in the free family law advice clinic of Norfolk Community Law Service. She is a Transparency Project committee member, former Chair of collaborative pod Good Divorce Group Norfolk, and a former committee member of the Norfolk & Norwich Law Society and Norfolk Resolution.

https://www.bailii.org/ew/cases/EWFC/HCJ/2022/15.html

Mostyn J.

Application by W for maintenance pending suit following Rattan v Kuwad [2021] EWCA Civ 1. Held, court entitled to make assumptions about H’s ability to pay in face of ‘lamentable’ disclosure. Declines to allow W to roll up part of her income in case of enforcement difficulties, rather than use to meet immediate needs. Novel use of affidavit: orders H’s Replies to be exhibited to an affidavit so that in event of deliberate false statement he can be sentenced for perjury rather than the lesser offence of making a false declaration of truth on a questionnaire.