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maintenance-pending-suit
General Disclaimer: Nothing presented constitutes legal advice and the McKenzie Friend UK Network is not a legal entity or in anyway claims to be a 'legal resource'. The resource guide is supported by McKenzie Friends and Litigants in person for Litigants in Person in Family Court. McKenzie Friends provide layperson support as an informed friend under the Family Court Practice Guidance of 2010. All information is published under the spirit of that guidance. For any corrections of the information, please contact the McKenzie Friend UK Network
 
Maintenance Pending Suit
 
 
 
When married parties separate, there can arise a situation where one of them have considerably less financial resources and means to survive on a daily basis than the other. At times, access to finances is cut off by the other parent.

In such circumsntances, an option is to apply to the court for Maintenance Pending Suit. This forms part of the Form A application Form if you tick the associated box.

A maintenance pending suit order (MPD) can be made at any time after divorce proceedings have been issued.

The Court will assess 'needs' in order to decide:

  1. if MPS is appropriate, and
  2. if so, the level of the payments.

The Court will also consider the payers’ ability to make these payments. If the Court determines that the payer does not have additional income from which to meet the recipient’s request, then the claim will be unlikely to succeed.

The court will consider any application for Maintenance Pending Suit as urgent and will want to consider the needs of that spouse. Both parties will be required to disclose their means, including income and outgoings. If a spouse fails to comply, then the court can make 'robust assumptions' about a persons means.

Please note that applications cannot be made for legal costs (that can be done via another order), and cannot include a request for a lup sum. It is also not for the needs of any children, it is not designed to meet the outgoings of any children, only the day-to-day living expenses of the spouse.

If granted it is a periodic payment of a set amount of money.

Adjustments can be made to Maintenance Pending Suit Order during proceedings.

A maintenance pending suit order concludes when the divorce is finalised. However, if the court considers that the maintenance should continue after the divorce, then it can transfer the order into an interim maintenance order, which lasts until the court makes a final financial remedies order.

 
 
Costs Order with Maintenance Pending Suit
 
The significant risk involved with Maintenance Pending Suit applications for both parties is that the general concept of ‘no order as to costs’ in financial remedy proceedings is suspended for MPS applications, so there is a distinct possibility that if unsuccessful, an applicant might be ordered to pay the other party’s legal fees
 
Applying for a Maintenance Pending Suit Order
 
If the application is made during existing financial remedy proceedings, a general application is required accompanied by a draft order using the Form D11. It is also common practice to include an evidential statement outlining:

a) The Chronology of the marriage

b) A general history of the family finances

c) Any offers and negotiation

d) The maintenance sought

If an application is sought where there are no current proceedings, then an application would need to be made using rhe form E. Once again a statementis requird. The respondent to the application will need to file a statement in response at least 7 days before the hearing if they have not already filed a Form E

 
Backdating MPS
 
MPS payments may be backdated to the date of the application for the matrimonial order.
 

 

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