Q&As

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

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Published by Andrew Newbury of Hall Brown
Last updated on 10/02/2021

The following Family Q&A provides comprehensive and up to date legal information covering:

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

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 1973, s 22(1) provides:

‘On a petition for divorce, nullity of marriage or judicial separation, the court may make an order for maintenance pending suit, that is to say, an order requiring either party to the marriage to make to the other such periodical payments for his or her maintenance and for such term, being a term beginning not earlier than the date of the presentation of the petition and ending with the date of the determination of the suit, as the court thinks reasonable.’

The court’s wider ability to make financial provision orders in connection with divorce proceedings applies: ‘On granting a decree of divorce, a decree of nullity of marriage or a decree of judicial separation or at any time thereafter (whether, in the case of a decree of divorce or of nullity of marriage, before or after the decree is made absolute)’ (MCA 1973, s

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Key definition:
Maintenance definition
What does Maintenance mean?

Payments made to a spouse or civil partner or a former spouse or civil partner for themselves or for a child of the family.

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