The Family Procedure Rules 2010

Application for periodical payments order at same rate as an order for maintenance pending suit

This section has no associated Explanatory Memorandum

9.8.—(1) This rule applies where there are matrimonial proceedings and—

(a)a decree nisi of divorce or nullity of marriage has been made;

(b)at or after the date of the decree nisi an order for maintenance pending suit is in force; and

(c)the spouse in whose favour the decree nisi was made has made an application for an order for periodical payments.

(2) The spouse in whose favour the decree nisi was made may apply, using the Part 18 procedure, for an order providing for payments at the same rate as those provided for by the order for maintenance pending suit.