Rainscourt Family Law Solicitors

Maintenance Pending Suit

When a couple separates, one party may require financial support from the other during the financial proceedings. This is known as maintenance pending suit (MPS). MPS is intended to provide financial support for the party who is unable to support themselves while the financial proceedings connected to the divorce or separation proceedings are ongoing.

MPS can be applied for by either party and can be applied for at any stage of the proceedings. It is important to note that MPS is different from spousal maintenance payments which are paid after the financial proceedings have been completed.

The court will take into account a number of factors when deciding whether to award MPS and how much should be awarded. These include the income and resources of both parties, the financial needs of each party and the standard of living that the parties were accustomed to during the marriage.

If the court decides to award MPS, it will be ordered that the paying party should make payments to the receiving party on a regular basis.

One of the most important factors for the court to consider when making a decision on MPS is the paying party’s ability to pay. If the paying party does not have the means to make the payments, the court may not award MPS.

It is important to note that MPS is not a right, it is at the discretion of the court. The court may decide not to award MPS if it feels that the receiving party has sufficient resources to support themselves.

If you are applying for MPS, it is important to be aware of the legal fees associated with the process. Legal fees can be substantial and it is important to be prepared for these costs. It is possible to request for your legal fees to be paid as part of your interim maintenance application.  This is called a Legal Services Order application.

When applying for MPS, it is important to understand the legal risks involved. If the court decides not to award MPS, the receiving party may be left without financial support during the legal proceedings. Additionally, if the paying party does not make the payments as ordered, they may be held in contempt of court.

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