Family Court Library: Maintenance Pending Suit in Financial Remedy

maintenance-pending-suit

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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:

if MPS is appropriate, and
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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Our independent MaKenzie Friends provide support throughout the UK.

MaKenzie Friends operate as 'lay persons' who are not legally trained or qualified, but who will support you through the family court process as an 'informed friend'.

Our MaKenzie Friends can :

1) Provide personal support, understanding and mentoring.

2) Offer non legal advice and guidance.

3) To assist you with paperwork, forms and planning.

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5) To help research information.

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10) To help you prepare your arguments and questions.

Philip Kedge is a retired police Chief Inspector and the founder and director of the McKenzie Friend UK Network. His aim is to remove lawyers from the family court with his own ethical business to reduce conflict and acrimony, to provide training and a cost effective McKenzie Friend national service and to reduce the emotional harm to children as a non-legal entity and informed friend.

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We have already saved our clients over £20 million in unnecessary legal fees

We have already saved our clients over

£20 million in unnecessary legal fees