Maintenance pending suit – MCA 1973 s. 22
Court may order periodical payments for maintenance from application date to suit determination, but s.22 forbids order for legal services.
On an application for a divorce, nullity of marriage or judicial separation order, the court may make an order for maintenance pending suit, that is to say, an order requiring either party to the marriage to make to the other such periodical payments for his or her maintenance and for such term, being a term beginning not earlier than the date of the making of the application and ending with the date of the determination of the suit, as the court thinks reasonable. An order under this section may not require a party to a marriage to pay to the other party any amount in respect of legal services for the purposes of the proceedings. In subsection (2) “ legal services ” has the same meaning as in section 22ZA.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section allows the court to order one spouse to pay periodical payments to the other for maintenance during the period from when a divorce, nullity, or judicial separation application is made until the suit is finally determined. The amount and term are at the court's discretion.
The order cannot require payment for legal services (defined in section 22ZA). This provision is separate from financial provision orders under section 23 or property adjustment orders under section 24, which come after the suit is determined.
When it applies
- A spouse who has filed for divorce needs money to pay household bills while waiting for the final decree.
- A respondent in nullity proceedings seeks ongoing support from the applicant during the case.
- One party asks the court to order the other to cover their legal fees pending suit, but this section expressly prohibits that.
- A couple in judicial separation proceedings; one spouse has no income and requests periodical payments from the other.
What this section does not say
- This section does not cover orders for legal services costs (use section 22ZA).
- It does not apply to lump sum payments or property transfers (those are under sections 23 and 24).
- It does not cover maintenance after the suit is determined (see sections 23 and 25 for post-decree orders).
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This page reproduces the text of MCA 1973 s. 22 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.