ABSTRACT
Ancillary relief and/or welfare benefits are not the only source of financial provision on family breakdown. Ancillary relief will clearly only be available if there has been or is going to be within a short time a decree of some sort, but apart from going on to welfare benefits as a regular source of income, or possibly negotiating voluntary payments, the law provides the separated spouse who does not wish to petition for one of the principal decrees with three other possibilities for obtaining formal maintenance in such a situation:
(a) a maintenance order from the Family Proceedings Court under Pt I of the Domestic Proceedings and Magistrates’ Courts Act (DPMCA) 1978 (ie, what used to be known as a ‘matrimonial order’);
(b) a maintenance order from the county court under s 27 of the Matrimonial Causes Act (MCA) 1973 (rather similar to the income element of ancillary relief, without the necessity to obtain a decree first); or
(c) a separation and maintenance agreement (a possibility frequently overlooked, although this does need to be handled with care with regard to the possible effect on later ancillary relief).
