Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Related legal acts
View More View Less
Key definition
General Principles definition

What does General Principles mean? In takeover practice, General Principles are the high‑level standards that guide how the Takeover Code (UK) and the Irish Takeover Rules are interpreted and applied in real transactions. They set expectations of commercial behaviour by bidders, target boards and advisers. There are six General Principles, mirroring the general principles in Article 3 of the EU Takeover Directive. In the UK they are contained in the Code notwithstanding Brexit; in Ireland they derive from the Directive and are embedded in the Rules. They are expressed in broad terms and neither the Code nor the Rules defines the precise limits of their...

Read More Right Arrow

Maintenance Pending Suit (Outcome of Proceedings) and Interim Periodical Payments: Principles, Jurisdiction, Quantification, Procedure, Costs, Pre-existing Agreements, Backdating, Variation and Legal Services Orders (England and Wales)

Published by a LexisNexis Family expert
Practice notes
imgtext

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 for their maintenance as it considers reasonable. There must be an application for a financial order before the court for it to consider any application for maintenance pending suit...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.
Web page updated on 21/05/2026

Popular documents

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Read More Right Arrow

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Read More Right Arrow

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Read More Right Arrow

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...

Read More Right Arrow