“Maintenance Pending Suit” is a strange definition. But that is what the Court calls it. What it means is maintenance that is paid in the period between now and the final order of your divorce.

This type of meanintenance (which can often last for years) is usually applied for by the wife.   For example is a wife who is looking after the children so needs money to help her live while she does that.  Or a wife unempoyed or on a low income and needs regular money now to help her survive until the final order of divorce.

But how and why does the court order interim maintenance?
How do you go about getting it in your case?

Either party can apply for interim maintenance.  If the court orders it, interim maintenance is an order instructing the other party to pay them a fixed amount of money each month until the divorce is over. 

If you are the breadwinner and are faced with a threat of a maintenance pending suit action, you can fight this action.  Or if you are the one who needs to bring this claim in order to survive, this is a case that you need to prepare properly. 

How these cases are looked at by the judge

These are ususally short hearings.  At the court hearing, the judge will look at the evidence filed. The applicant (usually the wife) will file at court a monthly budget detailing her monthly expenses.  The judge will read through it and see what expenses that are asked for. At the Hearing, the Judge can ask questions but these are usually reserved to a few questions.  A decision is then made.

But if you are defending this claim then you must file your statement in response.  

How we can help

If you are the person being pursued asked for this maintenance, then you must file a statement in response.   Fail to file a proper and detailed statement, then the judge is entitled to take a view on this and find the case against you. As these cases are usually listed for no longer than one-hour, hard evidence quick responses and getting to the point are important in winning the case.

Judges are experienced in spotting exaggeration and “padding-out” of a budget.  If you are involved in one of these cases, specialist legal help is needed for a successful outcome.

The type of evidence is produced at these hearings is also very important. The judge has little time to go through detailed cross examination to see who is telling the truth. So the judge has to make a decision often based on gut feeling and initial appearances.

So if you are considering making a claim for interim maintenance we can help you. 

Or if you are facing a claim for interim maintenance against you,  our team can assist you in making a successful defence of a case brought against you.

For an initial discussion with our Matrimonial Finances Solicitor, please complete our Contact Form in this website  requesting a call back.

Or Call now: 01582 494970.                Or send us a message:  Contact Us