Ancillary relief solicitors

• Wills and probate
• Employment
• Fixed fee divorce
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• Ancillary relief
• Residential property
• Assault claims
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• Immigration

What does that mean?

Ancillary relief proceedings concerns the finances of the couple upon divorce. All assets and properties will be looked at during the proceedings for the parties to either negotiate a settlement or the Court to finalise a settlement.

The matrimonial home, pensions, income, expenditure and savings of the parties are all types of finances that would be looked at by the Court.

On what basis will the property be distributed between the parties?

The Court will divide the assets based on the rules set out in section 25 of the Matrimonial Causes Act 1973. These rules consider for each party the matters of income, property, financial needs, obligations, standards of living, age of the parties and many other factors.

Recent cases show that the Court is concerned with ensuring equality and fairness between the parties when dividing up the assets.

How does the court process work?

The Applicant will first file a form with the Court to commence Ancillary Relief Proceedings.

The Court will then schedule a First Appointment. Ahead of the First Appointment each party must file a financial statement, called a Form E, which will detail all the assets each party holds. Disclosure of bank statements, pension documents, property valuation reports would need to also be attached to the Form E.

At the First Appointment the Judge will, if necessary give further directions for disclosure of financial documents and if the matter cannot be settled, set the case to proceed towards a Financial Dispute Resolution.

The Financial Dispute Resolution is intended to be a time when the parties can meet and discuss settlement. If settlement cannot be achieved it should at least narrow the issues between the parties.

The case would then proceed onto a Final Hearing if settlement cannot be achieved. The Judge would hear all the evidence and make a final order.

How much will it cost?

We can only act for clients on a privately paying basis and do not have a legal aid franchise.

We charge our clients an hourly rate of £150. We will provide an updated costs estimate at every step of the case. We would require periodic payments to be made during the course of the case.

We'd be happy to answer your questions! Call us on 01202 299992, 01202 863933 or enquire online.

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