Emergency financial remedies

If you are married, it may be that you can seek an urgent interim monthly payment from your spouse while the divorce and associated financial arrangements are resolved in the long term. This is known as Maintenance Pending Suit.

These applications can be a complex and at times expensive exercise, but in many cases will be necessary to ensure short-term financial security. We can help you assess them carefully and advise on any alternative options.

We have extensive experience in acting for people both seeking or opposing a Maintenance Pending Suit claim. We will use our expertise to guide you, attempt to negotiate an agreed way forward for the interim and, if necessary, to robustly address the matter at court.

Depending on the circumstances, you may need to consider whether to seek a Freezing Order from the court to preserve assets and prevent the other party from doing anything untoward. Careful judgement is needed to assess the merits of this type of action, particularly as pursuing it through the court can be a costly and potentially risky step.

We can guide you and assist every step of the way if action is needed, as well as considering other pragmatic steps you may wish to take.

If you are married, it is likely that you will be able to register a Matrimonial Home Rights Notice with the land registry to register your right to occupy the property. This effectively prevents the property from being sold or transferred by giving you rights in priority over any prospective new owner. It also prevents any prospect of you being legally evicted.

There may also be practical issues to consider including what to do if you are locked out or if it is not safe to live at the property with your partner. We can guide you in these circumstances and advise on what injunctions may be appropriate to safely secure your use of your home.