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Maintenance pending suit and legal services orders

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Latest Family News

The Domestic Abuse Act 2021 at a glance

The Domestic Abuse Act 2021 at a glance

The following Family news provides comprehensive and up to date legal information on The Domestic Abuse Act 2021 at a glance

Can COVID-19 be a Barder event? (HW v WW)

Can COVID-19 be a Barder event? (HW v WW)

The following Family news provides comprehensive and up to date legal information on Can COVID-19 be a Barder event? (HW v WW)

Can care orders and special guardianship orders coexist? (Re F and another)

Can care orders and special guardianship orders coexist? (Re F and another)

The following Family news provides comprehensive and up to date legal information on Can care orders and special guardianship orders coexist? (Re F and another)

Unsuccessful family provision claim by the adult children of the deceased (Miles and another v Shearer)

Unsuccessful family provision claim by the adult children of the deceased (Miles and another v Shearer)

The following Family news provides comprehensive and up to date legal information on Unsuccessful family provision claim by the adult children of the deceased (Miles and another v Shearer)

Featured Family content

Declarations of parentage—procedure

Declarations of parentage—procedure

The procedure for an application for a declaration of parentage is governed by the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt...

General principles—lump sum orders

General principles—lump sum orders

This Practice Note sets out the general principles to be applied by the court when considering whether to make a lump sum order within financial...

The grounds on which a marriage is voidable

The grounds on which a marriage is voidable

A decree of nullity granted after 31 July 1971 in respect of a voidable marriage operates to annul the marriage with effect from decree absolute and...

Specimen statement of issues for a first appointment—financial remedy application

Specimen statement of issues for a first appointment—financial remedy application

In the Family Court sitting at [location][Case No]Between1[insert name] ApplicantAnd2[ insert name] RespondentStatement of issues for the First...

Practice notes

Statements of truth in family proceedings

This Practice Note is impacted by the exit of the UK from the EU on 31 January 2020. This has implications for practitioners when considering an...
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9th Nov
Practice notes

Child Arrangements Programme—the procedure for section 8 applications

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...
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9th Nov
tag iconCOVID-19 tag iconIn-house
Practice notes

Working with counsel

Instructing counsel to advocate on a client’s behalf should be a matter of careful thought and preparation. The role of counsel is to provide...
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Produced in partnership with Ursula Rice of Family First Solicitors Ltd 12th Jan
Practice notes

Void and voidable marriages

The Matrimonial Causes Act 1973 (MCA 1973) sets out the grounds on which a marriage is void or voidable and the bars preventing the grant of a decree...
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9th Nov
Practice notes

Undefended divorce proceedings

Online divorceOn 6 May 2018 the Ministry of Justice (MoJ) launched its online divorce service nationwide for the public acting as litigants in person....
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9th Nov
Practice notes

The grounds on which a marriage is void

A void marriage is one that will be treated by the court as never having taken place. The grounds on which a marriage will be void are set out in...
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9th Nov
Practice notes

Emergency prohibited steps and child arrangements orders

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...
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9th Nov
Practice notes

Drafting the terms of a financial consent order

This Practice Note sets out the basic principles to be applied when drafting a financial consent order including the preparation and structure of the...
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9th Nov
Practice notes

Grounds for judicial separation

Applications for judicial separation are relatively rare in practice. It may arise where the client has strong religious and or cultural reasons for...
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9th Nov
Practice notes

Application to vary, extend or discharge a non-molestation or occupation order

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...
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9th Nov
tag iconCOVID-19
Practice notes

Decree absolute—divorce

Online divorceWhere a divorce is proceeding via the online service note that while rules relating to divorce proceedings are generally to be found in...
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9th Nov
Practice notes

Sequestration (confiscation of assets) within contempt proceedings

Sequestration is a process for dealing with a contempt of court that would be otherwise punishable by a committal under which the assets of the...
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Produced in partnership with David Salter, deputy High Court judge and Recorder 12th Jan
Practice notes

The no order principle

This Practice Note explains the no order principle contained in section 1(5) of the Children Act 1989 (ChA 1989). It explains when the principle...
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9th Nov
Practice notes

Pension attachment orders

The power to make pension attachment orders (previously referred to as earmarking orders) arises from the insertion of sections 25B–25D of the...
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Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 12th Jan
Practice notes

Private children—paramountcy of the child's welfare

The paramountcy principleWhen any court determines any question with respect to:•the upbringing of the child, or•the administration of the child's...
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9th Nov
Precedents

Notice of acting

Case number [insert number][In the principal registryORIn the [insert court location] FAMILY court]Sitting at [insert place]Notice of...
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9th Nov

Most recent Maintenance pending suit and legal services orders content

Precedents

Standard order 2.1—financial remedy order—omnibus

In the Family CourtSitting at [court name]No: [case number][The Matrimonial Causes Act 1973ORThe Civil Partnership Act 2004ORThe Child Support Act...
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1st Apr
Practice notes

Funding—legal services orders and costs allowances

Sections 49–54 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPOA 2012) introduced changes to the Matrimonial Causes Act 1973...
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8th Mar
Q&As

Can an application be made for maintenance pending suit after the decree nisi has been pronounced?

Section 22 of the Matrimonial Causes Act 1973 (MCA 1973) provides:‘[(1)] On a petition for divorce, nullity of marriage or judicial separation, the...
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13th Feb
Q&As

Does the court have jurisdiction to make a maintenance order on an interim basis where decree absolute has already been pronounced? Are the applicable procedural rules under the Family Procedure Rules 2010 the same as on an application for maintenance pending suit?

Applications for interim maintenance orders are governed by the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 9.7, which requires an interim...
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13th Feb
Q&As

Can the court make an order for maintenance pending suit to be secured?

The court’s power to make an order for maintenance pending suit (MPS) is contained in section 22 of the Matrimonial Causes Act 1973 (MCA 1973). MCA...
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11th Feb
Practice notes

Procedure for maintenance pending suit

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...
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22nd Jan
Practice notes

General principles for maintenance pending suit

The court’s power to make an order for maintenance pending suit is contained in section 22 of the Matrimonial Causes Act 1973 (MCA 1973) and Schedule...
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22nd Jan
Precedents

Financial applications to the court—client guide (standard procedure)

This document provides general guidance regarding an application to court to resolve your financial arrangements on divorce or dissolution. Your...
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24th Dec
Precedents

Financial disclosure and Form E—client guide

This document provides general guidance regarding financial disclosure. Your family lawyer will be able to provide specific advice based on your...
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24th Dec
Q&As

Do costs always follow the event on an application for maintenance pending suit?

Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 28.1 provides as a general rule that ‘The court may at any time make such order as to costs as...
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28th Nov
Practice notes

Periodical payments—drafting the order

Care should be taken when drafting the terms of a periodical payments order to ensure that it reflects either the agreement reached, where it is to be...
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26th Nov

Popular documents

Conditions precedent in commercial contracts

Conditions precedent in commercial contracts

This Practice Note considers the meaning and use of conditions precedent in commercial arrangements. It also considers typical conditions precedent and drafting issues.What are conditions precedent?A condition precedent in a commercial contract details an event which must take place before:•a

Contract interpretation—express terms in contracts

Contract interpretation—express terms in contracts

Express and implied contractual terms distinguishedContractual terms may be either express or implied:•express terms—are terms which are actually recorded in a written contract or openly expressed in an oral contract at the time the contract is made (or there may be a combination of written and oral

Key elements of a standstill agreement

Key elements of a standstill agreement

When restructuring is considered rather than formal insolvency proceedings (see Practice Note: Benefits of restructuring over formal proceedings) the company may want to ensure that relevant creditors quickly enter a standstill agreement to gain some breathing space to consider a restructuring

The doctrine of res judicata

The doctrine of res judicata

What is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of action and the parties, which disposes, with finality, of a matter decided so that it cannot be re-litigated by those bound by the judgment, except on appeal.Final judgments by