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?

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Published on LexisPSL on 20/09/2018

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

  • 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 application to be made in accordance with FPR 2010, 2010/2955, Pt 18 procedure, see Practice Notes:

  1. FPR 2010, Part 18—other applications in proceedings

  2. FPR 2010, Part 18 applications—procedure

FPR 2010, 2010/2955, 9.7(1) sets out the types of provision covered by the rule, including an order for maintenance pending suit and an order for interim periodical payments, ie the same procedure is adopted on an application for interim maintenance as in relation to an application for maintenance pending suit. See Practice Note: Procedure for maintenance pending suit.

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