What is Ancillary Relief in Divorce Proceedings
Ancillary relief proceedings are used in the UK to resolve the conflict of the parties interests in the divorce process. This process allows the court to issue financial orders to ensure both parties’ needs are met following separation, particularly when mutual agreement is not feasible. Judicial intervention is required in a situation where, for some reason, the spouses cannot come to an agreement on the division of jointly acquired property, including financial assets, real estate and other personal items.
What is Ancillary Relief in Divorce Proceedings?
Quite often, when divorcing, disputes arise precisely when solving financial issues. They require the conduct of so-called additional trials. It is believed that the provision of such services plays a secondary role. In the UK, the ancillary relief procedure is considered separately from the divorce process.
Through ancillary relief, the court aims to protect the financially weaker spouse and any children from potential hardship after divorce. The court may consider a wide range of factors to ensure that any financial settlement is just and fair, taking into account the future needs and standard of living of both parties.
For resolving a conflict of interest, the parties will have to provide documentation that reflects the financial situation of the spouses. It includes statements from bank accounts, official statements of taxpayers about the income received for a certain period, and payslips compiled when issuing salaries. You will also need information about the availability of mortgage loans, a report on the valuation of real estate, and the right of a citizen to apply for pension payments.
For considering the case, each of the parties submits an application together with affidavits. The ex-spouse can get the documentation for review through a lawyer. Ancillary relief meaning cannot be underestimated. Its absence may cause the rights of one of the parties to be infringed.
How Do You Apply for Ancillary Relief?
UK citizens can submit an application for ancillary relief after submitting an petition of intent to participate in the divorce process. However, according to the recommendations of lawyers, this should be done immediately after receiving a conditional order, without waiting for a final decision. If there is a possibility of a peaceful settlement of a conflict of interest, it is advisable not to bring the case to court proceedings.
For submitting an application, you need to make sure that the following requirements are met:
- Both spouses should visit the MIAM mediation committee in order to receive confirmation there that their request is suitable for mediation. There are cases when it is not necessary to do this. For example, if a party who has suffered domestic violence is involved in the divorce process.
- If the mediation procedure is ineffective in resolving the conflict, the parties go to court. In complex processes, the work of a qualified specialist is important, who will help defend the interests. To provide assistance, the spouses fill out an application on their behalf and send it to the judicial authorities dealing with financial settlement.
If, during the consideration of the case, the application is recognized as justified, then each of the parties will receive a written notification in which the procedure will be described.
- A short meeting with the judge to get acquainted with the case.
- Making a decision on appointment to a position to resolve financial disputes. The aim is to encourage the parties to come to a settlement of the conflict without bringing the case to a final hearing.
- If the agreement has not been accepted, then as a result of the court proceedings, a decision on the distribution of common property will be made, binding on both parties.
The judge will issue an order according to which the applicants will receive ancillary relief order.
How Does the Court Decide?
In ancillary relief proceedings, the court’s primary aim is to arrive at a fair and just resolution. The court considers several key factors, including:
- Income, earning capacity, and financial resources.
- Each party’s financial needs and obligations, as well as their responsibility toward children.
- Standard of living during the marriage, particularly if one spouse might face a significant decline in their standard of living post-divorce.
- Age and health.
- Contributions to the welfare of the family (both financial and non-financial, such as running a household or caring for children).
- Duration of the marriage.
The court’s goal is to ensure fairness for both parties, focusing on meeting the needs of any children and reducing the financial impact of the divorce on the more vulnerable spouse.
What Financial Orders Can the Court Make?
There are several types of financial orders the court can issue as part of ancillary relief proceedings, each designed to address different aspects of financial distribution and support.
- Property adjustment orders. These orders involve the transfer or sale of property to provide financial security to one party. The court may order that the family home be transferred to one spouse, particularly if they are the primary caregiver for the children.
- Periodical payments orders. Commonly known as spousal maintenance, these orders require one spouse to make regular financial contributions to the other. This support is typically awarded when one spouse lacks sufficient income to meet their living expenses independently.
- Lump sum orders. In certain situations, the court may require one party to provide a single, lump-sum payment to the other. This lump sum can address immediate financial needs and help balance disparities in asset ownership.
- Pension sharing orders. A pension sharing order divides one party’s pension to provide financial security to the other, particularly if they do not have their own pension fund.
- Child maintenance orders. If children are involved, the court may order child maintenance payments to ensure their welfare and continuity in lifestyle post-divorce.
Each of these orders serves a distinct purpose, and the court may issue one or more based on the couple’s unique circumstances.
How Long Does Ancillary Relief Take?
The ancillary relief process can vary significantly in duration depending on the case’s complexity and whether both parties are willing to cooperate. On average, straightforward cases can be resolved within 6-12 months if mediation is successful or if there are limited financial assets. However, cases requiring detailed asset valuation or those involving extensive disputes may extend beyond a year.
The time required for each stage, including mediation, hearings, and possible appeals, adds to the overall duration. Consulting with an experienced legal team can often streamline the process, helping to reduce delays and minimise stress for both parties.
How Can Sterling Law Help?
Sterling Law specialising in family law issues has the necessary experience to provide the necessary assistance in financial disputes during the divorce process. Recommendations of lawyers will help you protect your interests and ensure the smooth running of legal proceedings.
