Let’s get straight to the point: here’s what trips people up, what evidence really matters, and how you can give yourself the best chance of securing the support you need.

Common Mistakes That Cost You

• Failing to provide a clear, honest budget.
  Many people submit rough estimates or guesswork instead of a detailed breakdown. The court expects to see exactly what you spend each month—on rent or mortgage, council tax, food, travel, and childcare. If you just jot down “£2,000 living costs” without showing how you arrived at that figure, the judge may disregard your budget. For example, if you’re paying £1,200 in rent, £150 for utilities, £300 for groceries, and £100 for travel, list each item separately and provide supporting bills or statements.

  
  

  Overstating needs (private school, luxury expenses) without evidence.
  It’s tempting to include every possible expense, but the court will only consider costs that are reasonable and proven. If you claim £1,500 a month for private school fees, you must provide invoices or receipts. If you add luxury items—like gym memberships, designer clothes, or expensive holidays—the judge may question whether these are essential. For instance, if your children have always attended private school, explain why a change would be disruptive and back it up with documentation.

  
  

  Hiding income or assets—court will make robust assumptions.
  Some people think they can leave out a part-time job, cash savings, or help from family. The court expects full disclosure. If you hide income, the judge may assume you have more than you admit and reduce your award. For example, if you receive £200 a month from a side job or your parents pay your phone bill, include it. Failing to do so can damage your credibility and affect the outcome.

  
  

  Not including all regular outgoings (mortgage, rent, utilities).
  It’s easy to forget bills that come out quarterly or annually, like car insurance or TV licence. Make sure you include every regular payment—mortgage or rent, council tax, utilities, insurance, and any loans. If you miss something, the court may underestimate your needs. For example, if your mortgage is £900 a month and you forget to include it, you could end up with an award that doesn’t cover your housing costs.

  
  

  Assuming maintenance is automatic.
  Many believe that if they’re the lower earner, the court will always award maintenance. In reality, the judge looks at both parties’ needs and resources. If your ex can’t afford to pay, or if your budget isn’t clear, you may not get what you expect. Maintenance pending suit is not a guarantee—it’s a discretionary order based on evidence and fairness.

For example, if you forget to include your mortgage or rent, the court may underestimate your needs. If you exaggerate your spending, the judge may question your credibility.

Evidence That Makes or Breaks Your Case

• Bank statements, payslips, proof of all income.

• Receipts for school fees, mortgage statements, utility bills.

• Interim budget: what you actually spend each month.

• Disclosure of any support from family or friends.

The court relies on evidence, not just your word. If your children attend private school, include receipts for fees and any extras, like uniforms or trips. If your parents help with rent, mention it.

What’s Really at Stake

• Keeping your home, paying for children’s schooling, avoiding debt.

• Maintaining your standard of living until the final order.

• Risk of the court making assumptions if you’re not transparent.

Imagine losing your home because you didn’t provide a mortgage statement, or having your children moved from their school because you didn’t show proof of fees.

How the Process Works

• Anyone married or in a civil partnership going through divorce or dissolution can apply.

• You don’t have to wait until you’re desperate—apply as soon as proceedings start if you’re struggling.

• The process involves financial disclosure (usually Form E), an interim budget, and supporting evidence.

• The court holds a hearing, considers both sides, and makes an interim order.

• Maintenance pending suit is temporary—it lasts until the final financial settlement.

Maintenance Pending Suit Application Form: Form A

When considering a maintenance pending suit application, it’s important to understand the procedure, the application form, and the likely costs involved.

The process usually starts by completing Form A, which is the standard application form for financial orders, including maintenance pending suit. You’ll also need to prepare a financial disclosure, typically using Form E, to show your income, outgoings, and assets.

There is a court fee for submitting a maintenance pending suit application, but you may be able to apply for help with fees if you’re on a low income.

The procedure involves submitting your application form and evidence to the family court, then attending a hearing where both parties can present their case. Being clear about the costs, the correct application form, and the steps in the procedure can help you feel more prepared and confident as you apply.

Cost:
You’ll need to pay a court fee. As of 2025, the fee for a financial order application (including maintenance pending suit) is £313. If you’re on a low income or receive certain benefits, you can apply for help with fees using the EX160 form or the online service. This could reduce the amount you pay or even cover the full cost.

Tips to Give Yourself the Best Chance

• Be honest, thorough, and realistic.

• Focus on immediate needs, not long-term wishes.

• Prepare for questions about lifestyle and spending.

If you claim for private school fees, be ready to explain why your children attend and what alternatives exist. If you have high travel costs, show why they’re necessary.

General Knowledge: What Is Maintenance Pending Suit?

Maintenance pending suit is a temporary financial order made by the family court to help one party cover living costs while divorce or dissolution proceedings are ongoing. It’s designed to prevent hardship and maintain stability, especially where one person has been financially dependent on the other.

Courts grant MPS when there’s a genuine need and the other party can afford to pay. The order usually lasts until the final financial settlement is reached, at which point it’s replaced by a more permanent arrangement.

Real-Life Example

Sarah, a mum of two in Manchester, applies for maintenance pending suit after her husband moves out and stops paying the mortgage. She provides bank statements, mortgage documents, and proof of school fees. She’s honest about her spending, including help from her parents. The judge awards her enough to cover the mortgage and essentials until the divorce is finalised.

Tom, whose wife earns much more, is cut off from the joint account after separation. He lists his rent, food, and travel costs, and provides payslips showing his modest income. The court awards him interim maintenance so he can keep up with bills while the case is ongoing.

Why Caira Is Different

Navigating family law can feel overwhelming, especially when you’re up against someone with more resources or legal support. Caira is here to help you make sense of it all, step by step, in plain English. Unlike generic websites or chatbots, Caira is backed by tens of thousands of legal documents and updated weekly. You can upload your own paperwork, ask questions about your specific situation, and get responses that reflect the real legal landscape in England and Wales.

Disclaimer: This article provides general information for educational purposes only. It is not legal advice. Outcomes can vary based on your personal circumstances and the facts of your case.