What Is Maintenance Pending Suit?  

Maintenance Pending Suit is a type of financial relief which can be ordered by the Court  during divorce proceedings, and will last until the grant of a Decree Absolute, the final Court Order dissolving a marriage. In awarding Maintenance Pending Suit, the Court will order one of the parties to a divorce to make periodical payments on an interim basis to the other for his or her maintenance for such duration as the Court deems appropriate, usually for the duration of the divorce proceedings.

How Does The Court Approach A Maintenance Pending Suit Application?

The Court will not delve too deeply into the financial positions of both individuals. The Court will look at the needs of the applicant to maintain the same living standard as during the marriage and how much the payor can realistically pay to the payee. The individuals will only need to disclose income and expenditure information and the Court then considers the parties’ situation broadly Before determining the appropriate amount, if any, that should be paid on a monthly basis.

Maintenance Pending Suit To Fund Divorce Proceedings

In addition to living expenses, an application for Maintenance Pending Suit can also cover the applicant’s legal costs for the divorce proceedings and/or litigation with third parties as long as the following conditions are met:-

1. The applicant does not have any assets of their own or none that can reasonably be deployed to fund the cost of litigation;
2. The applicant cannot provide any security for borrowing a loan or none can reasonably be offered;
3. The applicant cannot reasonably obtain legal services by offering a charge on the outcome of the litigation; and
4. The applicant cannot secure publicly funded legal help at the level of expertise required for the proceedings.

Variation of Maintenance Pending Suit

If the payor to a Maintenance Pending Suit Order considers that they can no longer make the periodical payments or if the payee requires additional financial support, they can apply to the Court to vary the Order. The Court will consider the change in circumstances of the individuals for example, if a payor has recently been made redundant, and the Court may then make an Order that is reasonable and appropriate in the circumstances reducing or suspending any periodical payments.

Depending on how the other party to a divorce approach the proceedings, it can be a long journey. Financial Relief has become an integral part of a divorce to support the parties and you should always keep financial relief in the forefront of your mind when considering your divorce.