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Form D11 Interim Order Application

 What Is an Interim Order?

An interim order is a temporary court order made during ongoing financial remedy proceedings in divorce or civil partnership dissolution. It provides short-term relief until a final financial settlement is reached.

The most common type is maintenance pending suit - interim spousal maintenance to support the financially weaker party during proceedings.

To apply for an interim order, you must submit Form D11, the official application notice used in family law cases.

 When Will the Court Grant an Interim Order?

The court may grant an interim order if:

  • One party is financially dependent and needs urgent support
  • There is a delay in reaching a final settlement
  • The applicant can show a real need and reasonable budget

However, interim orders are harder to obtain in complex cases, such as:

  • Applications to set aside a consent order: The applicant must demonstrate that their claim is likely to succeed, as per YM v NM (Maintenance Pending Suit) [2020] EWFC 13.
  • Applications to set aside a nuptial agreement: The court will try to apply the terms of a pre-nuptial agreement as closely and as practically as possible unless the applicant can demonstrate that it is likely that the agreement will not be upheld, or if applying its terms would leave the applicant in real predicament of need, as per BN v MA (Maintenance Pending Suit: Prenuptial Agreement) [2013] EWHC 4250 (Fam).  
  • Jurisdictional challenges: While the court can make an interim order even where the jurisdiction is disputes, it will be cautious doing so as per MG v GM (MPS: LSPO) [2022] EWFC 8.

Common Types of Interim Orders

Type of Interim Order Purpose
Maintenance Pending Suit Requiring one party to provide temporary spousal support until a final order is made by the court
Legal Services Payment Order Requiring one party to make payment to the other to enable them to obtain legal services, for example to afford to pay for a solicitor, barrister and court fees. 
Freezing Orders Preventing a party from disposing their assets before the final settlement.

 

FAQs on Interim Orders

Q: What is Form D11 used for?

Its a general application form used to request interim orders, vary existing orders, or make procedural applications during divorce proceedings.

Q: Can I apply for interim maintenance before financial remedy proceedings begin?

No. You must first initiate financial remedy proceedings.

Q: What if my spouse refuses to pay?

You can apply for enforcement or a penal notice alongside your interim order.

Need Urgent Financial Support During Divorce?

If youre struggling financially while your divorce is ongoing, Vardags can help you apply for an interim order using Form D11. Our expert solicitors specialise in high-value and complex cases, ensuring you get the support you need.

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The information on this website is intended as a guide and does not constitute legal advice. Vardags do not accept liability for any errors in the information on this website, nor any losses stemming from reliance upon the statements made herein. All articles and pages aim to reflect the legal position at time they were published, and may have been rendered obsolete by subsequent developments in the law. Should you require specialist advice, tailored to your situation, please see how Vardags can help you.

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