Maintenance Pending Suit

Once a petition has been filed but before a case has been determined a court can make an order for maintenance pending suit, that is an order requiring either party to a marriage to make periodical payments to the other for his or her maintenance in the interim.

Matthew Brett was involved in one of the leading cases on maintenance pending suit – TL v ML [2005] EWHC 2680 (Fam) where it was held that the sole criterion for determining an application for maintenance pending suit is ‘reasonableness’ and there should always be before the court a specific budget for the application for maintenance pending suit.

Members of the Harcourt Finance Group can give advice on the likelihood of success of an application, help to draft the application and represent clients at maintenance pending suit hearings both as applicants and respondents.

Featured cases:

• TL v ML & Others (Ancillary Relief: Claim Against Assets of Extended Family) [2005] EWHC 2860 (Matthew Brett)