Form A2: Variation of Maintenance Pending Suit — Tactics & Traps

When a marriage breaks down, the financially weaker spouse can apply for Maintenance Pending Suit (MPS)—a temporary order for financial support until the final financial settlement is reached. But life rarely stands still.

Redundancy, illness, or even a sudden windfall can make the original order unfair or unworkable. If your circumstances have changed, or you believe your ex-partner’s have, you may need to apply to vary the MPS order. This article explains the process, highlights common stumbling blocks, and offers practical tips for those representing themselves.

What is Maintenance Pending Suit (MPS)?

MPS is designed to provide immediate financial support to a spouse who needs it while divorce finances are being sorted. It is not a long-term solution, but a stopgap to prevent hardship. The court’s focus is on meeting essential needs, not achieving perfect fairness or equality at this stage.

When Can You Apply to Vary MPS?

Either party can apply to vary an MPS order if there has been a material change in circumstances. This could be a loss of income, a new job, increased living costs, or even a significant change in the other party’s financial position. The key is that the change must be significant enough to make the original order unfair or unworkable.

The Legal Test: What Will the Judge Consider?

The court applies the same statutory factors as for the original MPS order, but with a sharper focus on immediate cash flow and needs. The leading case, S v S [2014] EWHC 4732 (Fam), confirms that the court will look at:

• The reasonable needs of the applicant and any children

• The paying party’s ability to pay

• The standard of living enjoyed during the marriage (but this is less important than immediate needs)

• Any other relevant circumstances

The court is not interested in punishing either party or in making a final decision about the division of assets. The aim is to keep things ticking over until the final hearing.

Common Grounds for Variation

1. Job Loss or Income Reduction: If you have lost your job or your income has dropped, provide clear evidence such as redundancy letters, recent payslips, and bank statements. The court will want to see that the change is genuine and not self-inflicted.

2. Windfalls or Promotions: If the receiving party’s financial position has improved (for example, through a new job or inheritance), the paying party can ask for the order to be reduced or even discharged.

3. New Outgoings: If you have new financial commitments—such as a new child, increased rent, or medical expenses—these should be clearly documented.

4. Temporary Hardship: Sometimes, a short-term crisis (such as illness or a family emergency) may justify a temporary reduction or suspension of payments.

The Procedure: Step-by-Step

1. Complete Form A2: This is the formal application to vary an MPS order. Be clear and specific about the changes you are seeking and why.

2. Pay the Court Fee: The current fee is £275.

3. Serve the Application: You must serve the application on the other party within 7 days of filing.

4. Prepare for the Hearing: The court will usually list a short hearing (often 30 minutes) within 6 weeks. Be ready to explain your position clearly and provide supporting evidence.

5. Evidence Checklist:

   • Updated Form E (income and outgoings sections only)

   • Six months’ bank statements

   • A schedule of assets showing any recent changes

   • Any relevant correspondence (e.g., redundancy letters, medical reports)

Pitfalls and Common Mistakes

• “Salami” Applications: Courts dislike repeated, piecemeal applications. If you have several changes to report, combine them into a single application.

• Insufficient Evidence: The court will not simply take your word for it. Provide clear, up-to-date documents to support your case.

• Delay: If your circumstances change, act promptly. Delays can undermine your credibility and may result in arrears building up.

• Overstating Needs: Be realistic about your needs. Inflated claims can backfire and damage your credibility.

• Ignoring the Other Party’s Position: The court will consider both sides. If you know your ex-partner’s circumstances have changed, be prepared to address this.

Winning Strategies for Self-Represented Parties

• Be Organised: Keep all your financial documents in order and bring copies to court.

• Be Clear and Concise: Judges appreciate applicants who can explain their situation simply and directly.

• Reference Key Case Law: Mention S v S [2014] EWHC 4732 (Fam) to show you understand the legal principles.

• Use Templates: Caira’s AI-powered templates can help you draft a persuasive application and witness statement, referencing the right legal authorities.

Final Thoughts

Varying an MPS order is not about “winning” or “losing”—it’s about ensuring that the order remains fair in light of changing circumstances. By understanding the process, gathering the right evidence, and presenting your case clearly, you can give yourself the best chance of a positive outcome.

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Disclaimer: This blog post provides general information for educational purposes only. It is not legal advice. Outcomes can vary based on your personal circumstances.