Maintenance Pending Suit
- Penn Chambers
- Oct 30
- 2 min read
A maintenance pending suit (MPS) application is when one spouse can request interim financial support from the other spouse during the divorce or separation proceedings. In England and Wales the foundation of these orders is Section 22 of the Matrimonial Causes Act 1973.
MPS supports a financially weaker spouse during the process of divorce or separation, providing periodical payments for a limited time, this is only during proceedings and will not continue after the divorce or financial remedy has concluded. It is also important to note that the order can be backdated to the date that the petition was filed, not just when the application for MPS is made. The aim is to maintain a standard of living until a longer-term financial settlement is made.
How do you get a Maintenance Pending Suit?
A petition for divorce or judicial separation must have already been filed.
Applying for an MPS Order includes lodging an application to the financial remedy court using a D11 along with a Form E, a detailed financial statement, which will include income, assets and liabilities. There must also be a budget with the essential needs, such as a schedule of outgoings to include what is spent in a month, such as food and utilities.
Once the above documents are filed, the court will list this for a hearing. A keyword is reasonableness; the court must decide on the reasonableness of the request to provide interim financial support until the settlement is reached. The court will take into account the previous standard of living and the financial assets and resources of both parties. The court will determine whether the budget is a strict reflection of the genuine needs of the party.
Why apply?
Parties may apply for an MPS order as it provides temporary financial relief, ensuring that the weaker party can meet their everyday living costs while the legal process continues.
Also important to note is that tax is not payable on any of these interim payments; however, although it does not affect all benefits, it can affect some of them, including income support.
Disadvantages
Some disadvantages include the costs of doing the application, as it needs an in-depth financial disclosure.
There is also the risk that you may end up paying the other party's legal fees. “No order as to costs” is suspended for MPS applications.
It may lead to further disputes between the parties and increase conflicts.
Please get in touch with us with any questions.
Charlotte Pretty
The information provided in this article is not intended to constitute professional advice and you should take full and comprehensive legal, accountancy or financial advice as appropriate on your individual circumstances by a fully qualified Solicitor, Accountant or Financial Advisor/Mortgage Broker before you embark on any course of action.
Comments