Baker v Baker [2022] EWFC 154 February 2022

Published: 11/03/2022 09:00

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.

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