If you are thinking of making an application for Maintenance Pending Suit you will need to know the following:
The Court's view the objectives of your making an application for maintenance pending suit as generally to meet an applicant's immediate needs or to 'hold the line' until a more detailed examination is possible. In Moore v Moore  EWCA Civ 1427 Coleridge J remarked on the difference in approach between interim and final orders for maintenance:
An order for maintenance pending suit is, as Bodey J observed, 'a creature different in form and substance from substantive orders made upon the making of decree nisi'. It is designed to deal with short-term cash flow problems, which arise during divorce proceedings. Its calculation is sometimes somewhat rough and ready, as financial information is frequently in short supply at the early stage of the proceedings.
Your first priority is to sit down and prepare a detailed schedule of incomings and outgoings and where possible to have proof of each items referred to. Once you have done this an application for MPS should be issued using a D11 form.
In the limited time that is generally available on an application for MPS, the court is compelled to take a "broad view of the means on the one hand and income on the other of the parties and come to a rough and ready conclusion" (Lord Balcombe). Please note that there will generally not be sufficient time to take oral evidence.
MPS applications are generally (and optimistically) listed to be heard in a one hour. This is rarely adequate to deal with often detailed submissions, judgment and costs. When submitting your application, you should therefore ask for a hearing period of 2-3 hours. If the matter is only listed for an hour it is not a necessary requirement to prepare a court bundle, however the lack of a bundle can leave a Judge in an unenviable position of attempting to resolve highly contentious issues without the assistance of a paginated bundle or clear guidance as to the appropriate quantum. I would therefore suggest that as a litigant in person acting in either the capacity of an applicant or respondent you should prepare a short core bundle for the Judge's ease of reference though it is not strictly required.
If you already have a FDH hearing listed, there is no reason in principle why an application for MPS should not be listed alongside a First Appointment.
BUT DO NOT CONSIDER DOING THIS, as there can be difficulties involved in hearing an application for MPS alongside a FDH. While it is technically possible for a judge to hear a MPS application before the FDH, it is not realistic to expect yourself and the Applicant/Respondent to deal with the contentious issue of interim maintenance and then expect both of you to enter into a FDH in the a spirit of compromise.
If you need any help completing your application for MPS or would like us to check it before you submit it to the Court please telephone us or e-mail us and use our checking service regarding the documents you are submitting to the Court
An application for maintenance pending suit is not straight forward. The Judges can be reluctant about granting such an order especially if they feel that your divorce is relatively close to completion. If you would like full details of the approach of the Courts when consider an application for MPS and the best way to present your case so that you have a better chance of success, we can forward a full report setting out matters that you need to consider for the sum of £25.00
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