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 Morgan is the sole author of the textbook Morgan's Family Law (2nd edn, Oxford University Press 2024) as well as the author of a number of Law Society practitioner courses on family law. A Professor of Family Law 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 one of four trustees of the Transparency Project, and a legal blogger.

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.