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6. Can maintenance pending suit be used to redistribute capital before trial? 

 

No. Maintenance pending suit (“MPS”) is for maintenance, meaning recurring living costs. It is not a mechanism for early capital redistribution. 

 

The court has no jurisdiction at the interim stage to carry out “pre-trial capital re-balancing”, even if the family is wealthy. Capital claims are generally dealt with at the final ancillary relief hearing. 

 

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