Procedure for maintenance pending suit
Procedure for maintenance pending suit

The following Family practice note provides comprehensive and up to date legal information covering:

  • Procedure for maintenance pending suit
  • Initial steps
  • Post-application protocol 
  • Procedure
  • Duration and drafting the order
  • Costs

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in England and Wales during the coronavirus (COVID-19) pandemic and until further notice, which profoundly affects normal practice, including requirements for the majority of family hearings to be dealt with remotely. For details about the changes to court processes and procedures during this time, see Practice Note: Coronavirus (COVID–19)—news and resources for family lawyers. In addition, the Coronavirus (COVID-19) toolkit provides easy access to news, practical guidance and Q&As from across a number of Practice Areas (subject to subscription). This Practice Note sets out the procedure prior to the pandemic and during this period of disruption to the justice system, practitioners should be aware that local practice may vary.

Initial steps

The procedure for an application for maintenance pending suit under the Matrimonial Causes Act 1973 (MCA 1973) or the Civil Partnership Act 2004 is set out the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pts 9 and 18.

Form A (Notice of [intention to proceed with] a financial application to which the standard procedure applies) includes a box enabling the applicant to include an application for maintenance pending suit. An application for maintenance pending suit should ideally be made at the same time as issuing a substantive financial order application, although an application may be

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