This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Comprehensive guide to interim financial orders pending divorce finalisation in England and Wales, explaining maintenance pending suit, interim periodical payments, legal services payment orders, application processes, timing, costs and practical considerations for managing urgent financial needs during proceedings.
When couples begin divorce or separation proceedings in England and Wales, financial matters such as maintenance, living costs, legal fees, housing and asset protection often arise long before a final resolution of financial claims. To address urgent economic needs in the period before the final financial remedy order or final divorce order (formerly decree absolute), the family court can make interim financial orders. These temporary orders help stabilise the parties' financial positions, prevent hardship, and preserve assets while the broader financial settlement is being worked out. This article explains the law, typical interim orders, how to apply for them, time limits, risks and common questions.
The Role of Interim Financial Orders
Under the Matrimonial Causes Act 1973 (MCA 1973) and the Family Procedure Rules in England and Wales, financial relief is available during divorce or judicial separation proceedings. Before the court makes a final financial remedy order - which might include periodical maintenance, lump sums, property adjustment or pension sharing - it can make interim or temporary financial orders to meet immediate needs. These orders are part of the broader category of financial remedy orders, which deal with financial and property claims arising from the end of a marriage or civil partnership.
Interim financial orders play a practical role in balancing fairness and necessity at an early stage, especially where one party lacks sufficient income or access to funds while proceedings continue. The court retains discretion to tailor these orders as justice permits.
Legal Basis for Interim Financial Orders
The statutory framework for interim financial orders derives from:
- Section 22 of the Matrimonial Causes Act 1973, which allows interim maintenance (maintenance pending suit) to be ordered.
- Family Procedure Rules - Part 9 and associated Practice Directions, which permit applications for interim financial orders at any stage of financial remedy proceedings (e.g., maintenance pending suit, interim periodical payments, legal services payments and other temporary relief).
An application for an interim order is made using a Part 18 process, requiring evidence explaining why the order is necessary and providing up‑to‑date financial information.
Types of Interim Financial Orders
Maintenance Pending Suit (MPS)
Maintenance Pending Suit (MPS), sometimes called interim maintenance, is one of the most commonly sought interim orders. It enables a financially weaker spouse to receive regular payments from the other spouse during the period when financial remedy proceedings are ongoing and before any final financial settlement is made.
Key features of MPS include:
- Payments are usually monthly and intended to meet immediate living costs and basic needs such as rent, mortgage payments, utilities, travel to work and food.
- The court assesses applications based on reasonableness of needs and proportionality of payments, taking into account each party's financial resources.
- An MPS order generally continues until the financial remedy is concluded or until a court orders otherwise. It does not continue after the final divorce order is made; once the divorce is finalised, the legal mechanism becomes interim periodical payments under section 22ZA MCA.
- Maintenance pending suit applications must be supported by full financial disclosure, a budget showing needs and financial documentation.
MPS is not designed to cover children's maintenance but to assist a spouse with their own immediate living costs during proceedings.
Interim Periodical Payments
Once the divorce final order is made but financial remedy proceedings are still active, the court can make interim periodical payment orders under section 22ZA of the MCA 1973, which continue temporary support after divorce until the final financial order.
These orders operate similarly to MPS but are issued in the context where the divorce is legally concluded while the financial settlement is still outstanding.
Legal Services Payment Orders (LSPOs)
In addition to maintenance, courts can make Legal Services Payment Orders requiring one spouse to contribute towards the other's legal costs during the ongoing divorce and financial remedy proceedings. These are separate from maintenance and not dependent on a maintenance order.
Other Interim Relief
Apart from maintenance and legal fees orders, applicants may seek other interim financial measures, including:
- Orders to secure assets or prevent disposal of funds that would undermine the financial pool.
- Interim lump sum payments for crucial expenses where justified.
- In certain circumstances, limited interim orders for sale of property may be sought, though courts are cautious about premature sales before final settlement.
When and How to Apply
Timing
Interim orders can be applied for any time after financial remedy proceedings start, often soon after the divorce application is filed and a financial claim (Form D11 and, where required, Form E for disclosure) is issued.
An application for an interim order should ideally be made early in proceedings if urgent financial needs exist. Delay may weaken the case for interim relief, especially if the applicant has managed without interim support to date.
Application Process
Applications for interim orders typically take place via:
- Filing a Part 18 application with supporting evidence, including up‑to‑date financial disclosure.
- Court listing for a hearing, where both parties present evidence and submissions.
- Judicial decision, often summarised at a first hearing where interim figures are assessed.
The court evaluates the material to decide whether an interim order is justified, considering both parties' needs and resources and the reasonableness of the applicant's position.
Practical Considerations and Risks
Costs
Applying for interim orders incurs legal costs and may lead to the paying party being responsible for part or all of the applicant's legal fees. The court decides on costs based on conduct and fairness.
In some reported cases, interim applications may generate significant legal fees relative to the value of the interim support ordered, emphasising the need for careful cost‑benefit analysis.
Disclosure
Full and frank financial disclosure is essential for interim applications, just as in final financial remedy proceedings. Lacking disclosure evidence may lead to refusal of an interim order.
Duration and Termination
Interim orders do not replace final financial orders and generally cease when the final financial settlement is achieved or when the divorce is concluded (as explained in relation to MPS transitioning to interim periodical payments).
Common Questions
What is maintenance pending suit?
Maintenance pending suit is an interim court order requiring a spouse to make regular payments to their partner for living costs during ongoing financial proceedings before a final settlement or final divorce order.
Can interim orders cover legal costs?
Yes. Separate applications can be made for Legal Services Payment Orders, which require one party to contribute to the other's legal costs during proceedings.
Do interim orders continue after the divorce is final?
Traditional maintenance pending suit orders end with the final divorce order. Where financial proceedings continue, interim periodical payment orders under section 22ZA MCA can replace them.
Key Takeaways
Interim financial orders help manage urgent financial needs arising before the final settlement of financial matters in divorce or separation proceedings in England and Wales. These include maintenance pending suit (interim maintenance), interim periodical payment orders after a final divorce order, legal services payment orders and, in some circumstances, other temporary relief. Applications are made under the Family Procedure Rules and rely on demonstrating reasonableness and necessity backed by full financial disclosure. Understanding the types of interim orders available, the application process and practical considerations can help parties secure necessary support while their financial claims are resolved.
