What is Maintenance Pending Suit in the UK and who is eligible to apply?
What is Maintenance Pending Suit in the UK and who is eligible to apply?
May 10, 2023

Maintenance Pending Suit (MPS) is a type of interim financial support that can be granted to a spouse during divorce proceedings in the UK. It is designed to provide financial assistance to the spouse who may be in a weaker financial position, pending a final resolution of the financial arrangements.

MPS is available to either spouse in a divorce or civil partnership dissolution and can be applied for by submitting an application to the court. The court will then consider the application based on the circumstances of the case. An application for a matrimonial or civil partnership order (divorce, dissolution, nullity or (judicial) separation) must have been made for the court to consider an application for maintenance pending suit/outcome of proceedings.

 To be eligible for MPS, the spouse must demonstrate that they have required financial support and that their financial situation is such that they cannot reasonably meet their needs without it. The court will consider various factors, including the income, earning capacity, and financial resources of each spouse, as well as any other relevant factors.

MPS can be used to cover a range of expenses, including:

  1. Living expenses, such as housing, utilities, food, and clothing.
  2. Legal fees and court costs associated with the divorce proceedings.
  3. Childcare expenses, including school fees and other related costs.
  4. Any other expenses that are deemed necessary and reasonable by the court.
  5. It is important to note that MPS is a temporary measure designed to provide short-term financial support during the divorce proceedings. Once the financial arrangements have been finalized, MPS will no longer be available.

To apply for MPS, the spouse must complete an application form and provide supporting documentation to demonstrate their financial situation. The application must be submitted to the court along with the appropriate fee.

Although they are often made at the same time, an application for maintenance pending suit is legally distinct from an application for a legal services payment order. While there will be evidential features common to both types of application (such as the parties’ respective means), an application for a legal services payment order has specific evidential requirements, which must be met.

Divorce Solicitors UK

Maintenance Pending Suit can be a valuable source of financial support for spouses going through a divorce or civil partnership dissolution. It is essential to seek legal advice and guidance to determine whether MPS is appropriate and ensure that the application is completed correctly.

You can contact Bridge McFarland’s experienced family law team today on 0800 987 8800. Alternatively, you can email info@bmcf.co.uk or fill in this contact form.

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