Ancillary Relief - Divorce Legal Advice

"Splitting the Family Finances"

Inevitably financial matters must be addressed within a divorce and we need to establish at an early stage whether it is appropriate to issue what is known as an ancillary relief application. Making such an application to the Court should not be regarded as a hostile step or a last resort, but rather a way of starting the Court timetable, controlling the financial disclosure which is to be made between the parties, and endeavouring to keep costs to a minimum.

Both parties are obliged to provide full financial disclosure. The parties make full and frank disclosure of all material facts, documents and other information relevant to the issues. The duty to disclose financial information is an ongoing obligation and includes the duty to disclose any material changes after initial disclosure has been given.

The first step is to complete a detailed document known as a Form A and lodge it with the Court. This is a document which we will prepare on your behalf. There is a Court fee payable upon lodging the document with the Court which, at present is, £300. After we file the application with the Court we must serve any mortgage providers or pension companies if appropriate.

Once the application has been issued the Court will then timetable your case for the following:

1. A date when financial documents are to be exchanged with your former husband/wife in a format known as the Form E.
2. When Questionnaires (detailing any questions you wish to raise of the other for further information), a chronology (detailing all relevance within your marriage), and a Statement of Issues are to be filed with the Court. This is approximately 14 days before the first appointment and is also served upon your former husband/wife.
3. The date of the first appointment (also known as an FDA).

The first appointment is the first hearing before a District Judge. The purpose of the hearing is to establish whether any further information is required from either party in order to ensure that full disclosure has been made before entering into negotiations to hopefully settle financial issues. The District Judge will also consider whether there needs to be any other Directions made, such as valuations of properties/businesses to be undertaken or any other expert information obtained.

The District Judge will then list the hearing for a Financial Dispute Resolution hearing (and FDR appointment).

Once further information has been obtained by the parties and served upon one another, each party is then obliged to put forward proposals for settlement of the case known as Calderbank letters. These proposals should be filed with the Court prior to the FDR upon you by way of settlement but will encourage an agreement and can approve any such agreement. If an agreement has not been reached, the District Judge will make further directions in order to prepare the case for final hearing. A date for the Final Hearing will, if possible, also be given, or will follow shortly thereafter in correspondence from the Court.

On the run up to the Final Hearing it is incumbent upon both parties to try and reach an agreement to avoid the further costs involved in a contested Final Hearing.

If an agreement is reached prior to the Final Hearing it may be possible to avoid a further attendance at Court by way of drawing up an agreement in the form of a Consent Order, a formal court document outlining the terms of the agreed settlement which is filed with the Court for approval.

If an agreement is not reached, your case will proceed to a Final Hearing and, on the run up to the Final Hearing, bundles and further documentation will need to be prepared.

At the Final Hearing, you will be represented by a barrister and the District Judge will hear evidence from both parties in respect of financial issues. Once all evidence has been given, whether this be just from yourself and your former spouse, or also experts, the District Judge will then give Judgment confirming how the finances should be separated and whether either party has an ongoing duty to maintain the other.

In arriving at the Final Order, Capital Income and Pensions will be taken into consideration and the District Judgment has a discretion to make many orders which can include a sale of a property, a transfer of a property to one party, a lump sum order (where one party makes a capital payment to the other) a maintenance order (where one party pays monthly payments to the other to assist with their outgoings). There is also the opportunity if appropriate for a pension sharing order to be made. The District Judge must also consider whether a clean break can be achieved which means that neither you nor your spouse would have any ongoing financial claim against the other. The possible orders which can be made or agreed upon will, of course, be discussed with you throughout your case.

The above is a brief guide to the financial procedure and we will discuss the procedure in more detail with you throughout your case.

To talk to a family lawyer about your own personal circumstances call 01604 828282 or email for a £99 fixed fee appointment

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