Maintenance pending suit: Reasonable and required?

Andrew Smith provides a guide to the key principles to be applied on an application for maintenance pending suit and procedural points Maintenance pending suit will often not be reflective of longer term periodical payments and so it isn’t particularly necessary to go into longer term need for expenditure, especially that which is needed post-financial …
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Maintenance pending suit: In the here and now

Alice Rogers examines applications for maintenance pending suit and useful practice points arising from a decision of the Court of Appeal As practitioners, we are duty bound to ensure that maintenance pending suit applications are only brought if proportionate and necessary, while advising parties of the litigation risk, particularly in light of the court’s wide …
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Maintenance Pending Suit: In excess

Richard Adams examines the impact of the parties’ standard of living on interim maintenance and the broad-brush approach of the courts ‘Interim hearings are expensive and, as such, should be pursued only when, on a broad assessment, the court’s intervention is manifestly required.’Many family law practitioners will be familiar with the maintenance pending suit budget …
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Pre-Nuptial Agreements: Turning of the tide

Suzanne Todd and Luca Del Panta examine the future of pre-nups in the light of the Law Commission’s report ‘“Needs” in the context of a pre-nuptial agreement can be significantly less than they would otherwise be. But where the guillotine falls in any given case is intensely fact-specific.’ When, in October 2010, the Supreme Court …
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Financial Provision: Interim measures

Ellie Foster and Pippa Hayden highlight the impact of third-party resources on maintenance pending suit The court had to understand the extent of financial support provided to the husband by his family and also to examine the extent to which payments had been made historically to the wife by, or via, that source. The recent …
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Interim Orders: Relative rarity

Frank Prior and Victoria Ferguson examine the limited, and sometimes unique, circumstances in which an interim property order may be made Procedural rules are not there to plug the gaps the substantive law has left behind. Every day court lists groan under the weight of litigants, and with even more litigants in person expected after …
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