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

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll