A Manchester businessman has lost his appeal to change a financial court order made in divorce court proceedings. The court had ordered him to pay spousal maintenance at the rate of £1,850 a month until he gave his wife a Get.
The Court of Appeal has ruled that Alan Moher must make ongoing periodic payments or spousal maintenance to his wife, totalling £22,000 a year, until he provides the Get.
The Manchester family and financial proceedings court made the original spousal maintenance order. Mr Moher’s appeal used the argument that it was wrong to order him to pay spousal maintenance until he gave a Get as that introduced a strong element of compulsion into something that should be made on a voluntary basis under Jewish law.
The Court of Appeal disagreed with this legal argument and dismissed the appeal over payment of spousal maintenance as well as Mr Moher’s appeal over the amount of capital awarded to Mrs Moher.
The Court of Appeal made it very clear that, in the court’s view, a family judge does have the power and the jurisdiction to order periodical payments to continue until the husband has sorted out securing a Get.
Robin Charrot, divorce and financial settlement solicitor at Evolve Family Law’s offices in Whitefield, Manchester says:
‘’Obtaining a Get can sometimes be hard notwithstanding the 2002 Divorce Act which states that a husband can be prevented from obtaining a civil divorce until he has done what is required to provide a religious divorce or Get. This Court of Appeal case is likely to generate a lot of interest in Whitefield and North Manchester but every family situation is different. A divorce court is only likely to order payment of spousal maintenance to a wife if the court considers that it can financially justify the periodical payments order. However the Court of Appeal decision may make husbands think twice when deciding if and when to apply for the Get.’’
For information and advice about Jewish divorces or financial settlements call Robin Charrot on +44 (0) 1477 464020 or email Robin at [email protected].
Appointments are available in Whitefield, Manchester and Holmes Chapel, Cheshire