Maintenance pending suit and legal services orders

Copyright © 2024 LexisNexis

Maintenance pending suit

Periodical payments ordered before the determination of the ‘suit’ (ie divorce, nullity or judicial separation proceedings) to cover the interim position, are called maintenance pending suit (or in the context of proceedings under the Civil Partnership Act 2004 (CPA 2004), maintenance pending outcome of proceedings). The court may only order a party to pay maintenance pending suit/outcome of proceedings to the other party until those proceedings are determined. If the financial remedy application has not been concluded by the time a final order/decree of divorce, dissolution or nullity or a (judicial) separation order is made, interim periodical payments (‘interim maintenance’) may also be ordered until it is completed. A combined order with provision for maintenance pending suit and interim periodical payments after final order/decree absolute will avoid the need for multiple applications.

The court’s main focus will likely be on the applicant’s immediate and interim needs but the only criterion set out in section 22 of the Matrimonial Causes Act 1973 (MCA 1973)/CPA 2004, Sch 5 Pt 8, para 38 is reasonableness, which will be highly

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Existing user? Sign-in TAKE A FREE TRIAL
Powered by Lexis+®
Latest Family News

Family Procedure Rules 2010 Practice Direction Update No 7 of 2024

The seventh Family Procedure Rules 2010 (FPR 2010) Practice Direction (PD) update of 2024 has been issued, making amendments to six existing PDs and inserting three new PDs. The PD update makes provision for transparency orders where reporters have attended hearings in most types of proceedings relating to a child and in placement order proceedings where the application for a placement order is made within proceedings for a care order. Permanent provision is made to underpin the contested financial remedy online digital service for legal representatives. The pathfinder pilot is extended until 31 March 2026 in existing sites and expanded to additional courts. The pilot for notification to the police of non-molestation orders and of occupation orders with a power of arrest attached is extended until 28 February 2026. Amendments to allow local flexibilities to be adopted in the Child Arrangements Programme are extended until 28 February 2027 and the correct address for filing certain documents with the High Court is updated.

Online Procedure Rule Committee minutes—2024 in review

The Online Procedure Rule Committee (OPRC), established under the Judicial Review and Courts Act 2022 (JRACA 2022), creates rules governing the practice and procedure for specific types of online court and tribunal proceedings across the Civil, Family and Tribunal jurisdictions (CFT). The OPRC holds regular meetings, for which the minutes are published. This News Analysis summarises the key developments in 2024 and looks forward to potential future developments.

Family weekly highlights—19 December 2024

This week's edition of Family weekly highlights includes details of the Family Procedure (Amendment No 2) Rules 2024, the Law Commission scoping paper on financial remedies on divorce and dissolution and minutes from the Online Procedure Rule Committee meetings. The Family Procedure Rules 2010 Practice Direction Update No 7 of 2024 is also considered. Recent judgements on representation and procedural unfairness, inter-country adoption and strike out of an application for nullity are considered. Three new graphics added to Practice Notes in Family Practical Guidance are also set out.

Law Commission scoping paper on financial remedies on divorce and dissolution

Family analysis: The Law Commission has published a scoping paper on financial remedies on divorce and dissolution. The fundamental question underlying this project was whether the current law ‘provides a cohesive framework in which parties to a divorce or dissolution can expect fair and sufficiently certain outcomes’. The Law Commission found that it does not. This News Analysis considers the background to this project, the Law Commission’s findings and what might happen next.

View Family by content type :  
News
Practice notes
Precedents
Q&As

Popular documents

Child support—children with special needs

Child support—children with special needsThe court retains jurisdiction to make orders for maintenance where a personal independence payment is paid to or in respect of a child, or where a child is disabled. A child is regarded as disabled if the child is 'blind, deaf or dumb or is substantially and

Pension sharing orders

Pension sharing ordersThis Practice Note explains what a pension sharing order is within family proceedings and sets out which pension rights can be shared and which cannot be shared. It also sets out the key features of a pension sharing order including pension credits and pension debits, variation

Separation agreements—client guide

Separation agreements—client guideThis document provides general guidance regarding separation agreements. Your family lawyer will be able to provide specific advice based on your circumstances.What is a separation agreement?People who are already married or in a civil partnership can enter into a

Specimen narrative statement in financial remedy applications under Matrimonial Causes Act 1973, s 25

Specimen narrative statement in financial remedy applications under Matrimonial Causes Act 1973, s 25In the FAMILY COURT SITTING AT [court location]No. [number]Between[applicant name]Applicantand[respondent name]RespondentI, [AB], of [address], state as follows:Introduction1I am the Applicant in
Child support—children with special needs

Child support—children with special needs

Child support—children with special needsThe court retains jurisdiction to make orders for maintenance where a personal independence payment is paid to or in respect of a child, or where a child is disabled. A child is regarded as disabled if the child is 'blind, deaf or dumb or is substantially and

Pension sharing orders

Pension sharing orders

Pension sharing ordersThis Practice Note explains what a pension sharing order is within family proceedings and sets out which pension rights can be shared and which cannot be shared. It also sets out the key features of a pension sharing order including pension credits and pension debits, variation

Separation agreements—client guide

Separation agreements—client guide

Separation agreements—client guideThis document provides general guidance regarding separation agreements. Your family lawyer will be able to provide specific advice based on your circumstances.What is a separation agreement?People who are already married or in a civil partnership can enter into a

Specimen narrative statement in financial remedy applications under Matrimonial Causes Act 1973, s 25

Specimen narrative statement in financial remedy applications under Matrimonial Causes Act 1973, s 25

Specimen narrative statement in financial remedy applications under Matrimonial Causes Act 1973, s 25In the FAMILY COURT SITTING AT [court location]No. [number]Between[applicant name]Applicantand[respondent name]RespondentI, [AB], of [address], state as follows:Introduction1I am the Applicant in