Embarking on a divorce can often feel dauting but when you are the financially weaker party it can also feel impossible. 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.
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. 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 all of the financial information is not always known. A more broad-brush approach, and often a less forensic analysis of the party’s finances, is adopted. 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 which will only 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.
It is also possible to make an application for financial support in meeting your legal costs. This is known as an application for a Legal Services Payment Order. A legal services order directs one party to pay the other a sum of money to allow them to obtain legal services. It ensures that a financial weaker spouse can access the same level of legal advice and be properly represented in any financial proceedings.
If you wish to discuss any of the above, please contact our Family Team below or call us on 01702 338338.
