Funding Living Costs and Legal Fees During Divorce: MPS and LSPOs

When two people divorce, financial remedy proceedings run alongside divorce proceedings to determine the division of finances. This means that a party must wait until financial proceedings are concluded to obtain their share of assets. This can create difficulty, particularly where the marital assets – i.e. “our” money – are in one party’s name, leaving the other party without sufficient short-term finances.

Accounting for this, the Matrimonial Causes Act 1973 sets out two mechanisms to enable financial fairness. These provide a “right” to finances despite one party having technical ownership of the money.

The Maintenance Pending Suit (“MPS”) provisions in the 1973 Act allow one party (“the applicant”) to seek funding from the other party (“the paying party”) to fund the applicant’s short-term living costs.

Legal Services Payment Orders (“LSPOs”) allow the applicant to have their future legal costs of the financial remedy proceedings paid. MPS and LSPOs are not dependent upon one another – you can apply for either or both.

The court is not indifferent to the impact of such orders; in assessing applications, the court considers the effect of the order on the paying party. If an order would cause significant hardship to the paying party or would prevent them from meeting their own legal costs, then the court will be less inclined to make such an order.

Both MPS orders and LSPOs are interim financial provisions for the period in which divorce or financial remedy proceedings are ongoing. They are not designed to determine the long-term splitting of assets. For further discussion on final financial remedy orders, see our article on How to Split Assets In a Divorce.

1. What is Maintenance Pending Suit (MPS) and what does it cover?

Where an MPS order is made, the paying party – usually the higher-earning spouse – provides periodical payments to meet the applicant’s immediate needs. This addresses immediate cash flow issues, bridging the gap until a final financial remedy order is made.

MPS is usually ordered to cover basic living expenses including rent or mortgage payments, utility bills, food, and travel to work. It is not usually ordered to enable an applicant to clear large debts or upgrade their lifestyle. Therefore, if there is no genuine difficulty in the applicant covering short-term costs, an MPS order will be less likely.

2. What factors are considered by the courts in MPS applications?

Under section 22 of the Matrimonial Causes Act 1973, the court may make an order for MPS if it thinks it “reasonable” to do so. The main decision of the higher courts on this issue is TL v ML [2005] EWHC 2860 (Fam); in this case and several others, the higher courts have given the following guidance regarding MPS:

• the key consideration is reasonableness.
• where the paying party’s financial disclosure is limited, courts can make robustassumptions regarding their means in favour of the applicant (the case of SM v BA [2025] EWFC 28 provides a good illustration of this).
• if the paying party has historically received financial support from a third party (e.g. a parent), the court may assume that this has continued.
• if the applicant is receiving financial support from a third party (e.g. friends or family), this does not negate their right to MPS.
• the focus should be on the applicant’s immediate needs (including housing, utilities, childcare etc.).
• the standard of living during the marriage and the duration of the marriage are relevant.
• any existing prenuptial agreement may be considered in relation to MPS arrangements (the case of BN v MA [2013] EWHC 4250 (Fam) provides a good illustration of this).

MPS orders therefore entail a broad range of considerations, all anchored to the idea of reasonableness.

3. How are MPS payments made and how long do they last?

MPS payments are periodical, meaning they are paid in instalments. The payments usually continue until the date on which a final financial remedy order or decree absolute is made.

4. What is a Legal Services Payment Order?

An LSPO requires the paying party to fund the applicant’s legal costs during divorce and financial remedy proceedings. The idea behind LSPOs is that there should be a degree of fairness in the parties’ ability to access legal services.

5. When are LSPOs available?

LSPOs are governed by sections 22ZA–22ZB of the Matrimonial Causes Act 1973. According to the statute, the court should consider the following when deciding whether to grant an LSPO:

• each party’s income, earning capacity, property, and other financial resources
• each party’s financial needs and obligations
• key issues in the wider proceedings, i.e. the subject matter of the case
• whether the paying party is legally represented
• whether the parties have attempted non-court resolution, such as mediation
• conduct of the applicant in proceedings
• costs owed by the applicant to the respondent in this or other proceedings

In the previous case of Rubin v Rubin [2014] EWHC 611 (Fam), the court held that:

• the key consideration for a court deciding whether to make an LSPO is whether the applicant cannot reasonably obtain legal services unless an LSPO is made.
• the applicant must show that they have tried other routes for funding before applying for an LSPO. In practice this entails showing that they cannot obtain a loan (evidence of refusal from two reputable lenders can demonstrate this) and cannot enter a “Sears Tooth agreement”, in which legal costs are paid at the end of proceedings (these are rare, and evidence of refusal from a solicitor is often sufficient).
• an applicant would usually not be expected to sell a home or use up modest savings.
• the principles outlined by the court in the case of TL v ML –discussed above in relation to MPS – also apply to LSPOs, in that the court can make robust assumptions about their financial circumstances.

Like MPS orders, LSPOs also entail a broad range of considerations, but here the considerations are all anchored to the idea of whether the applicant cannot reasonably obtain legal services unless an LSPO is made.

6. What can an LSPO cover?

LSPOs can fund all or part of the applicant’s legal costs including legal advice, representation, and alternative dispute resolution. The court is unlikely to order funding for costs already incurred, unless this is critical to secure future legal representation; the court confirmed this in Rubin (see above) holding that “the exercise essentially looks to the future”.

Usually, LSPO payments are made periodically – this reflects how legal costs are normally paid, and is likely to match how the paying party is funding their own legal costs. It also allows for variation if the applicant’s needs fluctuate. A lump sum will only be ordered if the court believes that the paying party will not pay.

7. How to apply for MPS and LSPO

Applications for MPS and LSPOs are outlined in the Family Procedure Rules 2010, SI 2010/2955 Part 18 and follow similar procedures. Typically, these applications are made early on in financial remedy proceedings. They cannot be made before a party applies for divorce.

Equally, you cannot make an application after financial remedy proceedings conclude as the legislation applies only to active financial remedy proceedings – this was affirmed by the court in the previous case of CC v UU [2025] EWFC 214.

8. What do I need to include in my application?

If you wish to make an LSPO or MPS application you must submit the following:

• a Form E or equivalent financial disclosure statement, demonstrating your means (submitted at least seven days ahead of the hearing).
• a witness statement, explaining why the order is necessary. For LSPOs, you should include evidence of attempts to secure alternative funding (e.g. refusal letters from reputable lenders).
• an interim expenditure schedule, supported by evidence – for MPS, this should relate to short-term living expenses; such evidence may include documents such as recent bank statements, payslips, and utility bills; for LSPOs, the budget should show expected legal costs for each stage of the proceedings.

While the courts understand that disclosure may be limited early on in proceedings, you should try to be realistic and evidence-driven in putting forward your case on your expenditure and needs. If the budget includes speculative figures, it may be seen as exaggerated and therefore less credible.

9. The hearing

MPS and LSPO applications are heard in short directions-style hearings, usually lasting 2–3 hours. Oral evidence is unusual; the court primarily relies on written evidence and counsel’s submissions.

10. Post-order variation

MPS orders and LSPOs can be suspended or discharged if circumstances materially change. For LSPOs, the court will often make orders covering costs from one hearing to the next, for example, from a first hearing (“FDA”) to a second hearing (a Financial Dispute Resolution, or “FDR” hearing). LSPOs may also require some repayment at the end of proceedings.

11. How we can help – Contact Demstone Chambers

Although they are designed to achieve a level of fairness between the parties, applications for MPS and LSPOs can be complex and difficult to manage. At Demstone Chambers, our direct access barristers specialise in financial remedies. We can help with your MPS and LSPO applications as well as wider divorce proceedings. You can instruct us directly without needing to go through a solicitor first, saving you both time and money.

If you are considering applying for interim funding (MPS or LSPO), we can provide full or specific services depending on your needs, including:

• Strategic Advice: we can advise you generally on your application, including providing guidance on the strength of your potential case.
• Drafting Court Documentation: we can assist in preparing the necessary documentation for applications^, such as Form Es (or equivalent financial disclosure statements), realistic interim budgets, and witness statements.
• Court Representation: our experienced advocates can appear in court to represent you, as well as in alternative dispute resolution hearings.

You can contact us to book an initial consultation.

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