Apply For Ancillary Relief
Step 1.
What is Ancillary Relief?
Ancillary Relief is the term (in England and Wales) where the financial arrangements of divorcing couples are arranged and formalised by way of a Court Order.
This comes in to play when one of the parties makes an application to the court.
What is its purpose?
The purpose is to put into position financial arrangements that are fair to all parties involved. There are two key areas that are taken into consideration: dividing the marital assets and addressing any earning differences.
How does the court achieve fairness?
The first financial order that a court can make is in relation to maintenance. These are usually from the husband to the wife, and are on a set timescale (i.e. weekly or monthly).
A lump sum order can also be demanded, and will depend on the assets of the parties.
The court can also order one of the parties to transfer property. This order can be made in relation to any form of property (including company shares and tenancies).
If either of the parties has a pension, the court can order various forms of pension sharing.
The Legal Process
The story starts by filling in a form, called form “A”. This is submitted to the court by one of the spouses.
Once Form A has been filed, the court must do two things:
- Choose an appointment that’s not less than 12 weeks and not more than 16 weeks after the notice was filed.
- Give a copy of the notice that was filed to the other spouse within 4 days.
At Hylton-Potts we know that the whole divorce process can be complicated and difficult to understand, which is why we’ve made this FAQ list – if you’re interested in speaking to an expert and to get the job done quickly get in touch by clicking here.
FAQ’s:
Who can apply for Ancillary Relief?
Either spouse can apply, but usually it’s the lower earner or the child-carer who applies.
Is it possible to agree finances informally between ourselves?
Most certainly, but the problem with an informal agreement is that as human beings there’s always a chance you could fall out, or circumstances could change. The other party could then come back years later and make a claim.
Is it a long process? How long does it take?
It varies from a couple of months (quick agreement) to up to a year if the case is highly contested, and can go to three or more contested court hearings.
At Hylton-Potts we are proud of the speed of our work, and are the fastest divorce lawyers in the UK We have huge experience and skills in this field. We are cheaper and better than solicitors.
