header-logo header-logo

05 August 2010 / James Riby
Issue: 7429 / Categories: Features , Divorce , Family
printer mail-detail

A life saver?

family_0_5

James Riby expounds on interim relief & the division of chattels

Interim applications in matrimonial finance proceedings regarding rights over property tend to be forgotten and unrequired by practitioners, save for applications for “maintenance pending suit” (MPS). These interim maintenance payments are designed to cover immediate living expenses, such as rent, mortgage and food, and can also cover funding for legal fees in certain “exceptional circumstances” which the courts have identified. They are designed to last until final agreement or final hearing, when the court has jurisdiction to make a range of property orders: lump sum; transfer of property (which can include sale); pension share; and long-term periodical payments. For many litigants MPS can be a financial life-saver, particularly at times like these of extreme pressure on court lists and judicial time.

Jurisdiction

The MPS jurisdiction appears enough for the interim needs of most cases but in others, albeit seemingly rarer, there is a need for the court to be able to make provision for other forms of interim relief.  Below are

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Sharpe Pritchard—Victoria Heald-Barraclough

Sharpe Pritchard—Victoria Heald-Barraclough

Magic Circle hire strengthens Sharpe Pritchard’s infrastructure finance capability

Lewis Silkin—Iskander Fernandez

Lewis Silkin—Iskander Fernandez

Lewis Silkin adds corporate crime specialist to growing dispute resolution team

Morr & Co—Michael Charalambous

Morr & Co—Michael Charalambous

Morr Co strengthens private client team with partner appointment

NEWS
Should every solicitor found to have acted dishonestly face automatic striking off? The answer, argues John Gould, chair of Russell-Cooke LLP in NLJ this week, is no 
Winning an arbitral award against a state is one thing; enforcing it is another
Can government success in court tell us whether the rule of law is healthy? 
Poorly drafted dispute resolution clauses can trigger litigation before the real dispute is even addressed
As cryptocurrency becomes mainstream, family lawyers are increasingly confronting the challenges it creates on divorce
back-to-top-scroll