Maintenance Pending Suit (MPS)/Interim Maintenance

Maintenance Pending Suit (MPS)/Interim Maintenance

When a couple separates, one party may need financial support from the other while the financial proceedings related to their divorce or separation are still ongoing. This type of financial support is called Maintenance Pending Suit (MPS) also referred to as Interim Maintenance. MPS is designed to help the party who is unable to support themselves during the legal process, providing temporary financial relief until a final settlement is reached or a Financial Order is made after a Final Hearing.

Applying for MPS

MPS can be requested by either party at any point during the legal proceedings. However, it’s important to understand that MPS is different from spousal maintenance, which is awarded after the financial proceedings have been finalised.

When considering an Application for MPS, the court will take into account several factors, including:

●      The income and financial resources of both parties.

●      The financial needs of each party.

●      The standard of living that the couple enjoyed during the marriage.

If the court decides to grant MPS, it will order the paying party to provide regular financial support to the receiving party until a financial settlement is reached or a Financial Order is made.

The Court’s Considerations

One of the key considerations for the court when deciding on MPS is the paying party’s ability to pay. If the paying party does not have sufficient financial resources, the court may not award MPS. Additionally, MPS is not an automatic right—it is awarded at the discretion of the court. If the court believes that the receiving party has adequate financial resources to support themselves, it may decide not to grant MPS.

Legal Fees and Legal Services Order

When applying for MPS, it’s important to be aware of the potential legal costs. Legal fees can be significant, and it’s essential to prepare for these expenses. In some cases, the receiving party can request that their legal fees be covered as part of their MPS application. This is known as a Legal Services Order.

Risks of MPS

There are also legal risks to consider when applying for MPS. If the court denies the Application, the receiving party could be left without financial support during the ongoing legal proceedings. Moreover, if the paying party fails to make the required payments, they could be held in contempt of court.

Conclusion

If you believe you are entitled to MPS, it’s essential to seek legal advice to understand your options and the process. At Parachute Law, we can help guide you through this process and provide expert advice to protect your financial interests during your divorce or separation proceedings.

At Parachute Law, we offer expert legal advice tailored to your unique circumstances. Feel free to contact us for more information on applying for Maintenance Pending Suit and for a consultation to help safeguard your future.