maintenance pending suite

Hello. I hope every one is well.

I have been paying maintenance pending suit to my wife for the past 5 years complying with a court order in which my wife claimed poverty and won. I got Decree Nisi done. Now we are in financial rememdy part. As part of form E disclosure it turns out that she has more income that she admited in the court. she also disposed of a property in that period. That is to say there is no reason for her to get maintenance but she has been collecting it.

Question: how do I go about raising this issue with the courts? Do I bring to the judges atttnetion in my FDA?

Best wishes.

5 years of MPS is absolutely insane. Why have you allowed it to take this long to get to an FDA?

You should raise it with the judge at FDA. Even if she needed it five years ago, she should have taken steps to sort herself out by now.

Thank you for this advise.

she applied for MPS the day we seperated. I waited 2 years to apply for my divorce. She refused. Then I waited a further 3 years (5 years in total) to apply again but the law had changed. So withdraw 1st divorce application and made my second application under the new rules. All that took 5 years.....

Presumably if you waited two years and she refused you went for two years separation with consent? Did you seek her consent before you applied?

You should have used Unreasonable Behaviour as soon as you separated.

Are you saying that it has come to light that she lied five years ago and MPS would not have been granted if she had been honest about finances?

If it is just a case of you choosing not to do anything for five years and her circumstances changing in that time there is little you can do about it now,

thank you for your comment.

I did not sought her consent before I applied. I waited two years after seperation and applied. She did not return the acknowledgment. I did not pursue unreasonable at the time because it seemed a tall order to suceed. Thus I went for five years separation.

Now MPS order took 3 years from our separation to be issued (April 2022). It was back dated to the date of our separation (may 2018). It has come to light now that she had submitted her form E for the first time that she disposed of a matrimonial property in 2020.

The point is that during the MPS proceedings, and two years before the MPS order was issued, she did not disclose this source of founds that nobody but her knew anything about at the time. if she did declar it at the time she would not have been awarded the MPS at least not being founded from my income.

Obviously there is no question of laying and contempt of court but the question is that how proceeduraly I go about having this matter corrected and addressed in court?

I hope this was enought to clarifie the situation.

Please: I still am in need of advise.

Apply to court to have MPS ended and point out the error in her original application which would have meant she wouldn’t have got it in the first place. Ask the court to order that she returns the monies received to you.

Thanks again. Advise taken.

How do I do this? Do I do a D11? or do I just bring it to the courts attention in my FDA and ask the judge to use it power to attend this matter?