The concept and principles of MPS (Maintenance Pending Suit / Financial Support before Trial) in Hong Kong are as follows:

 

1. Background: The MPS is an interim measure that can be requested when legal proceedings regarding a claim for ancillary relief are underway. It aims to ensure that a party who requires financial support during the proceedings can receive adequate assistance, while awaiting a final decision.

 

2. Request for MPS: A party may request MPS by filing a summons with the court. This request must be supported by valid grounds and appropriate evidence demonstrating the need for financial support during the procedure.

 

3. Basic principles: When considering an application for MPS, the court takes into account several fundamental principles:

 

   - Financial need: The court will assess whether the applicant has a legitimate financial need during the proceedings. This can include expenses such as housing, food, healthcare, tuition, legal fees, etc. The court will also consider whether the applicant has attempted to reduce expenses and find other sources of financial support.

 

   - Financial capacity: The court will also consider the ability of the other party to provide financial support. This includes evaluating the income, assets, financial obligations and responsibilities of each party. The court may ask the parties to provide detailed financial information to inform its decision.

 

   - Equity and proportionality: The court will seek to strike a fair balance between the financial needs of the applicant and the financial capabilities of the respondent. The decision must be proportionate to the specific circumstances of the case. It is important that the requesting party receives adequate support to pursue the procedure in a fair manner.

 

4. Court decision: The court will make a decision regarding the MPS application based on the evidence and arguments presented by the parties. The court may award interim MPS, set a specific amount, or take other measures to meet financial needs during the proceedings. The court may also review MPS's decision if circumstances change during the course of the proceedings.

 

5. Duration of MPS: MPS is usually granted for a specific period, until the main proceedings are resolved. Once the final decision regarding alimony is made, the MPS can be adjusted or replaced accordingly. If the main procedure takes time, it is possible to request an extension of the MPS if the need persists.

 

6. Recovery of amounts granted: If the court grants an MPS and the respondent fails to comply with the order, enforcement action may be taken, including legal recourse to effect payment.

 

Romain Pierre Levaire is a specialist in the law and procedures relating to divorce, children and post-separation financial disputes.