Maintenance Pending Suit
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Maintenance Pending Suit Application and St Pauls Chambers
The costs of an application must always be considered against the potential benefit. Our barristers have extensive experience in assessing the merit of, and presenting, applications to achieve the best possible outcome whilst also maintaining a commercial approach to litigation.
What Happens With a Maintenance Pending Suit Application?
Provided that divorce proceedings have been issued, the court has jurisdiction to make an order for maintenance pending suit, requiring one spouse to pay a maintenance amount, “as the court thinks fit”. The court also takes into account whether a member of the couple is the primary caregiver of children. The Court’s discretion is wide and the application will normally be decided upon having heard argument from counsel, without hearing oral evidence, with the focus being on the immediate needs of the applicant rather than longer term needs. To make this decision, the court is often presented with a breakdown of monthly income and expenses of both individuals.
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