Commencement of ancillary relief MCA 1973 s. 26
Allows applications for maintenance pending suit, financial provision, property adjustment after filing divorce/nullity/separation, subject to court rules.
Where an application for a divorce, nullity of marriage or judicial separation order has been made, then, subject to subsection (2) below, proceedings for maintenance pending suit under section 22 above, for a financial provision order under section 23 above, or for a property adjustment order may be begun, subject to and in accordance with rules of court, at any time after the presentation of the application . Rules of court may provide, in such cases as may be prescribed by the rules— that applications for any such relief as is mentioned in subsection (1) above shall be made in the application or response ; and that applications for any such relief which are not so made, or are not made until after the expiration of such period following the presentation of the application or filing of the response as may be so prescribed, shall be made only with the leave of the court.
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
Once a divorce, nullity, or judicial separation application has been filed, you can begin proceedings for spousal maintenance (section 22), a financial provision order (section 23), or a property adjustment order (section 24) at any time after the filing. This is subject to court rules.
Court rules can require that these applications be made in the original divorce petition or the response. If you do not include them then, or if you apply after the time limit set by the rules, you can only proceed with the court's permission.
When it applies
- A spouse files for divorce and immediately applies for monthly maintenance payments.
- A spouse files for judicial separation and then, a year later, applies for a property adjustment order.
- A respondent in a divorce case wants to apply for a financial provision order but did not include it in the response.
- An applicant misses the deadline set by court rules for applying for ancillary relief and needs to ask the court for leave.
What this section does not say
- This section does not govern when you can file for divorce itself (see s.3).
- It does not cover pension sharing orders (see s.24B and following).
- It does not cover consent orders (see s.33A).
- It does not cover variation of existing orders (see s.31).
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This page reproduces the text of MCA 1973 s. 26 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.