Can I get financial support whilst my divorce is being finalised?

Embarking on a divorce can often feel overwhelming but when you are the financially weaker party it can be even more intimidating. However, a party to a marriage should not feel forced to remain in that marriage from fear of being unable to support themselves whilst the proceedings are on-going and the long-term finances are resolved. The law provides protection in such situations and it is possible to apply for financial support at the outset of any divorce. This is known as an application for Maintenance Pending Suit or ‘interim maintenance’.  The court can order the financially stronger party to pay monthly maintenance to their spouse in order to cover their reasonable needs and outgoings whilst the proceedings are being decided.

By their nature applications for interim maintenance are usually urgent and are often undertaken at the outset of proceedings, when the full financial information is not always known. They can therefore be more broad-brush in approach, and a less forensic analysis of the party’s finances undertaken. The court considers this to be justifiable on the basis that interim maintenance orders are only intended to deal with the short-term financial arrangements and will last for a finite period. The long-term maintenance position will then be fully assessed as a part of the overall proceedings, thus ensuring that both parties are financially secure going forward. Such an application can therefore be invaluable to a financially weaker party.

If you would like advice in regards to making an application for interim maintenance, please do not hesitate to contact us. We offer an initial fixed fee appointment of £120 plus VAT. If you would like to contact one of our specialist lawyers in this regard, please read free to do so on (01702) 338338.

01702 662963 (Essex)  020 35537115 (London)
 

Author: Melanie Steeples 

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This article does not necessarily deal with every important topic or cover every aspect of the topics with which it deals. It is not designed to provide legal or other advice. If you require specialist advice on this topic, please contact us to discuss how we may assist you.

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