The petitioner former wife sought to make the husband bankrupt on the basis of unpaid maintenance debts. The maintenance was subject to variation by the original foreign court which had made the order.
Held: The order was one recognised under the Act. The fact that the foreign court could still order a variation was critical to the case. That debt could not be used to found a bankruptcy petition. Following Harrop, a foreign maintenance order which was variable could not be enforced in England at common law because it was not final and conclusive.
Judges:
Lord Justice Thorpe, Lord Justice Rix and Lady Justice Arden
Citations:
Times 31-Jul-2002, Gazette 12-Sep-2002, [2002] EWCA Civ 931, [2002] BPIR 895, [2002] 2 FLR 610, [2002] Fam Law 735, [2002] 2 FCR 413
Links:
Statutes:
Maintenance Orders (Reciprocal Enforcement) Act 1972 21, Insolvency Rules 1986 (SI 1986 No 1925) 12.3(2)(a)
Jurisdiction:
England and Wales
Family, Insolvency
Updated: 07 September 2022; Ref: scu.174743