What is interim maintenance and am I entitled to it? Can the order be varied?


Where a divorce is contested and is taking a long time to conclude, one or other spouse may apply to the court for a Rule 43 interim maintenance order. Rule 43 maintenance is designed to ensure interim arrangements for a number of issues, not only financial. It can provide:

  • Interim maintenance for the minor children and in some cases one of the spouses (e.g. if one is financially dependent on the other) until the divorce is finalised
  • A contribution towards legal costs
  • Interim care and contact with the child/children
  • Interim custody of the child/children

Because of the interim nature of a Rule 43 order, such an order may not be appealed. However, a party can approach the court to vary the order. To be successful with the variation of the order, the party in receipt of interim maintenance must prove a change in “material circumstances”, which justifies the variation or reduction.

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