Maintenance pending suit is an application for financial support to a spouse during the process of a divorce. Divorces can take a long time to finalise, and it’s until this point that an order for maintenance pending suit can be made.

Maintenance Pending Suit Application

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.

“The clerking team is responsive, extremely approachable and knowledgeable”

The Legal 500

Get in touch

For further information and enquiries please contact our clerks team.

Maintenance Pending Suit Barristers

Nikki Saxton

Nikki Saxton KC

Call: 1992 Silk: 2024

Andrew Nixon

Andrew Nixon

Call: 2006

Contact Us

Chambers is centrally located within walking distance of the train station, secure car parks and the Courts.

Contact Us

St Pauls Chambers
Park Row House
19-20 Park Row

For out of hours assistance please call the senior clerk on 07854170429.

The switchboard will open from 08:30 until 17:30

Phone: +44 (0)1132 455 866
Email: [email protected]
CJSM: [email protected]

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