What is a Maintenance Pending Suit (MPS)?
A Maintenance Pending Suit order is a temporary financial support arrangement under Section 22 of the Matrimonial Causes Act 1973. It ensures that a financially weaker spouse receives funds during divorce proceedings to cover essential living costs until a final financial settlement is reached. This type of order is not intended to cover legal fees or luxury expenses. Instead, it is designed to maintain a reasonable standard of living during a transitional period while the divorce process is ongoing.
Why vary an MPS order?
Life rarely stands still during divorce proceedings, and financial circumstances can change dramatically. For example, imagine a spouse who was awarded £1,500 per month under an MPS order based on their ex-partner’s stable income. Six months later, the paying spouse loses their job and can no longer afford the original amount. Alternatively, the receiving spouse might face unexpected costs, such as increased rent after moving to a new property or medical expenses following an illness. In these situations, either party can apply to vary the MPS order to reflect the new reality.
Legal threshold for variation
When considering a variation, the court focuses on fairness and immediate needs rather than long-term arrangements. Judges will look at:
- The applicant’s reasonable living expenses
- The paying party’s ability to meet those expenses
- The former marital standard of living (though this is less important than urgent needs)
- Any other relevant financial changes, such as new dependents or debts
How to apply
To vary an MPS order, you must:
- Complete application form, explaining the variation requested and why it is necessary.
- Pay the current court fee.
- Serve the application on the other party within seven days.
- Prepare for a short hearing, usually scheduled within six weeks.
- Gather evidence such as updated Form E, recent bank statements, and proof of changed circumstances (e.g., redundancy notice, medical bills, tenancy agreements).
Common pitfalls
Applicants often make mistakes that weaken their case. These include filing multiple fragmented applications instead of one comprehensive request, failing to provide up-to-date evidence, delaying the application after a change in circumstances, and overstating expenses. Courts expect transparency and realism – claims that appear inflated or unsupported can damage credibility.
Final thoughts
Varying an MPS order is not about “winning” but about ensuring fairness during a difficult period. If your financial situation changes significantly, act promptly and provide clear evidence. With proper preparation, you can secure an adjustment that reflects your current needs until the divorce is finalised.
How can we help?
Naomi Bond is a Senior Associate in our expert Family Law Team.
If you need advice on any divorce-related matter or have any other family law-related queries, please contact Naomi or another member of the team in Derby, Nottingham, or Leicester on 0800 024 1976 or via our online form.
Naomi or the team will be happy to discuss your circumstances in more detail and give you more information about the services that our Family Law team can provide, along with details of our hourly rates and fixed fee services.
Contact us