Maintenance Pending Suit Solicitors
Blackheath, Bexleyheath & Petts Wood
If, following separation, you are not receiving enough money from your spouse to manage financially; you can make an application for temporary financial provision to help you meet your outgoings for the period between the issue of the divorce and the making of a final order in a financial remedy application. In certain circumstances, you may also be given money to assist you with the payment of your legal fees.
Regarding such applications, there is very little case law concerning that may guide how such cases are to be determined. The court has discretion, but must exercise that discretion reasonably and fairly, looking at the standard of living of the parties and the monthly budgets and incomes of the parties.
In financial remedy proceedings, it is normally the case that each party is responsible for its own costs. Maintenance pending lawsuits cases are treated differently in respect of costs and consequently, there could be costs implications for a party who brings an application without merit.
In practice, quite often, any financial benefit gained by bringing an application for maintenance pending suit is lost because the costs of bringing an application may equal or even exceed the amount of maintenance awarded. Taking this into account, it is also difficult to decide at which stage in the financial remedy application an application for maintenance pending suit should be made. If it is brought too early and before disclosure of income assets and outgoings it may be found subsequently that it was brought entirely without merits if your spouse does not have the means to pay any maintenance.If it is brought too close to a Financial Dispute Resolution hearing (FDR) and the matter settles at FDR the amount of maintenance awarded may be disproportionate to the costs of making the application.
Our solicitors will be able to advise you, based on the facts of your particular case, whether there are merits in you bringing a case and if so, the possible costs implications to you weighed up against the financial benefits you would be likely to receive.