Maintenance pending suit meaning

In this issue: Practice and procedure Private children International children Financial provision LexTalk®Family: a Lexis®Nexis community Daily and weekly news alerts New content Updated content New Q&As Useful information Practice and procedure Family court judges’ anonymisation reversed by Court of Appeal (Tickle & Summers v BBC and others) UK media coverage remains centred on the killing of ten-year-old Sara Sharif by her father and step-mother. In its aftermath, reporters Louise Tickle and Hannah Summers, together with leading news organisations, applied for disclosure of materials and information from earlier Children Act 1989 (ChA 1989) proceedings relating to Sara and her brothers and sisters, seeking, among other things, the identities of the judges involved. Although none of those judges had asked to remain anonymous, Mr Justice Williams’ disclosure order nevertheless barred publication of their names. In Tickle & Summers v BBC and others [2025] EWCA Civ 42, the Court of Appeal allowed the challenges to...

In this issue: Practice and procedure Relationship breakdown Public children Private children Financial provision International children Daily and weekly news alerts Updated content Useful information Practice and procedure Family Justice Council Bridget Lindley memorial lecture HHJ Khatun Sapnara will deliver the Bridget Lindley memorial lecture on 12 March 2025. This online lecture forms part of the Family Justice Council’s annual interdisciplinary conference, taking place in Birmingham. The theme this year is ‘Diversity and Inclusion in the Family Justice System: Promoting Best Practice in Decision Making’... Relationship breakdown HMCTS adds ability for a solicitor to remove themselves as representing a party in divorce applications HM Courts and Tribunals Service has enabled MyHMCTS to let a solicitor end their representation in divorce matters. Choose ‘stop representing client’ from the next step drop-down to use the feature, which launched on 10 February 2025. Proceed with care: once submitted, access ends immediately and the case...

In this issue: Practice and procedure Domestic abuse Private children Public children Financial provision International children Daily and weekly news alerts New content Updated content Useful information Practice and procedure Professional negligence and limitation—the roll of impecuniosity in constructive knowledge (Kay v Martineau Johnson) In Kay v Martineau Johnson (A firm) [2026] EWCA Civ 224, the Court of Appeal examined how actual and constructive knowledge should be approached in claims against solicitors for professional negligence. It also addressed whether a lack of means is pertinent when assessing reasonable steps, including seeking expert opinion, for determining the date of knowledge. James Davies, barrister and Mediator at New Square Chambers, explores the practical consequences in Professional negligence and limitation—the roll of impecuniosity in constructive knowledge (Kay v Martineau Johnson)... Domestic abuse Domestic Abuse Act 2021 (Commencement No 6, 8 and 9 and Saving Provisions) (Amendment) Regulations 2026 The Domestic Abuse Act 2021...

This Practice Note This Practice Note outlines the general principles to bear in mind when applying for maintenance pending suit (MPS) under section 22 of the Matrimonial Causes Act 1973 (MCA 1973) and Schedule 5, Part 8 to the Civil Partnership Act 2004 (CPA 2004), also known as maintenance pending outcome of proceedings. It offers direction on the scope and mechanics of such interim support, including: quantifying maintenance pending suit, duration and backdating, pre-existing agreements and refunds of payments. Core principles include that an MPS order cannot be made before the presentation of the application or petition for an order of divorce, dissolution, nullity or (judicial) separation, and it must terminate on determination of the proceedings, in most cases the date of the final order/decree absolute. Nevertheless, the court may order ‘interim maintenance’ for the period thereafter, pending the conclusion of financial remedy proceedings. The court has power to require either party to make to the other such periodical payments...

This Practice Note outlines the steps needed to obtain an order for maintenance pending suit (MPS) under section 22 of the Matrimonial Causes Act 1973 (MCA 1973), or an order for maintenance pending outcome of proceedings under Schedule 5, Part 8 to the Civil Partnership Act 2004 (CPA 2004). It sets out how to make the application, the supporting evidence required, and how the costs of an application is addressed. See also Practice Note: General principles for maintenance pending suit. Initial steps The process for seeking maintenance pending suit under the MCA 1973, and the corresponding route under the CPA 2004, is prescribed in the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Parts 9 and 18. Represented parties must, subject to specified exceptions, issue and manage contested financial remedy applications online using MyHMCTS. Accordingly, where relevant, regard should be had to the guidance on submitting applications online, see Practice Note: Online applications for financial remedies. Form A contains a box enabling the applicant to request maintenance pending...

This Practice Note sets out the process for obtaining an interim remedy under the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 20, covering jurisdictional questions, evidential requirements, applications made without notice, and undertakings. It also notes requirements as to evidence and addresses without notice applications. For the range of interim orders the court may make, see Practice Note: Interim orders under FPR 2010, Pt 20. Various forms of interim relief beyond those expressly mentioned in FPR 2010, SI 2010/2955, Pt 20 can be pursued within family proceedings. The omission of a particular remedy from FPR 2010, SI 2010/2955, Pt 20 does not limit the court’s existing authority to grant it. For further guidance on other common interim remedies, consult the following Practice Notes: Procedure for maintenance pending suit Funding—legal services orders and costs allowances Procedure for an application for a non-molestation order Procedure for an application for an occupation order Procedure Applications for interim remedies under FPR 2010,...

A request for a legal services order constitutes an interim step, brought under the specified procedure in the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 18...