James Riby expounds on interim relief & the division of chattels
Interim applications in matrimonial finance proceedings regarding rights over property tend to be forgotten and unrequired by practitioners, save for applications for “maintenance pending suit” (MPS). These interim maintenance payments are designed to cover immediate living expenses, such as rent, mortgage and food, and can also cover funding for legal fees in certain “exceptional circumstances” which the courts have identified. They are designed to last until final agreement or final hearing, when the court has jurisdiction to make a range of property orders: lump sum; transfer of property (which can include sale); pension share; and long-term periodical payments. For many litigants MPS can be a financial life-saver, particularly at times like these of extreme pressure on court lists and judicial time.
Jurisdiction
The MPS jurisdiction appears enough for the interim needs of most cases but in others, albeit seemingly rarer, there is a need for the court to be able to make provision for other forms of interim relief. Below are two examples which have caused a great deal of anguish
