Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Maintenance definition

What does Maintenance mean? Maintenance describes financial support paid by one person to a current or former spouse or civil partner, or for the benefit of a child, during separation, divorce/dissolution and afterwards. It is a descriptive term used across family law, with statutory regimes and case law guiding its assessment and enforcement. England & Wales and Northern Ireland: spousal/civil partner maintenance is commonly termed periodical payments, including interim “maintenance pending suit”; child maintenance/child support is primarily via the Child Maintenance Service (with court jurisdiction in limited cases, including Schedule 1 Children Act 1989 and for a “child of the family”). Scotland: support during a...

Maintenance and separation agreements: statutory definition, formalities, contractual issues, child maintenance and variation (England and Wales)

Published by a LexisNexis Family expert

Practice notes

Practice Note

This Practice Note explains what constitutes a maintenance agreement between spouses or civil partners, embracing both a separation agreement and an arrangement without any separation provision, whether concluded while a marriage or civil partnership subsists, during its continuance, or after divorce or dissolution. It further outlines the formalities and contractual matters to address when taking instructions to draft or advise on such an agreement in practice, together with particular considerations concerning child maintenance obligations and issues. Spouses and civil partners may make an agreement covering maintenance, the division and distribution of property, and the financial arrangements for any children of the family. Any bargain reached between the parties remains, at all times, subject to the court’s overriding jurisdiction, and any term, clause, or stipulation seeking to limit the right to apply to the court for an order dealing with financial arrangements will be void. Accordingly, an agreement between the parties cannot displace the jurisdiction of the family courts, although regard should be paid to the possibility of substantial weight being afforded to marital or civil partnership agreements in line with the Supreme Court decision in Radmacher v Granatino, where appropriate and relevant. See Practice Note:...

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Web page updated on 21/05/2026

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