The impact of disputes concerning ultimate entitlement on interim maintenance applications and legal services orders

Sophia Leeder Senior Associate Charles Russell Speechlys LLP

MPS and LSO applications in the light of disputes concerning ultimate entitlement: Sophia Leeder Senior Associate Charles Russell Speechlys LLP reviews maintenance pending suit ('MPS') and/or legal services payment order ('LSO') cases where there have been disputes over the recipient party’s ultimate entitlement such as where jurisdiction for a divorce or a Part III application is in dispute where there is a pre-nuptial agreement or where there is an approved consent order.

The article also considers the risk on costs (given the ‘no order as to costs’ rules are suspended) and issues of proportionality in MPS applications. The approach to such applications has to be balanced between what is often an urgent need for interim maintenance against the need for a careful consideration of the evidence in support of the application. 

The full article has published in the May issue of Family Law. 

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