Ancillary Relief is a legal process that deals with the financial issues that arise during or after a divorce. When a couple’s marriage ends, they may decide to divorce. In addition to going through the divorce process, the divorcing couple must decide how to divide their assets.
At Van Eaton Solicitors in Streatham, we can help couples going through a divorce by making sure their assets are divided according to their needs and preferences. Ancillary relief can be challenging to comprehend. Fortunately, we’ve put together a useful guide to make the procedure simpler to comprehend.
What does Ancillary Relief Refer to?
The legal processes for ancillary relief are those that deal with divorce-related finances. This also can be referred to as financial settlement. It is thus named because financial issues are seen as ancillary to divorce proceedings, or “something which functions in a supplementary or supporting role.” Although unrelated to the divorce process, these proceedings may take place at the same time.
What Does it Mean in a Divorce Case?
Divorce is frequently the next logical step when a marriage fails. One party’s divorce attorney must file the divorce petition to begin the divorce procedure. The one who files the petition will do so on behalf of the other party, who will respond. The distribution of the finances must be resolved in addition to the divorce procedure itself. In some cases, both parties can reach a resolution on their own or with the assistance of a mediator.
It might be necessary to ask a court to determine how the finances will be divided upon divorce and make a financial order to this effect if an agreement cannot be reached. Previously, this was known as an “ancillary relief order.”
What is the Duration of Ancillary Relief?
When you apply for ancillary relief after a marriage has ended it can take months, if not years to be completed. A qualified divorce solicitor will typically work with you to facilitate an out-of-court settlement between you and your spouse. However, this is rarely possible, and in some cases, the only choice may be to ask the court for ancillary relief.
How Do You Submit a Claim?
By completing a “Form A” and sending it to the court handling your divorce, you can request ancillary relief. Your Form A will be filed by your solicitor. Your request for ancillary relief is described on this form. If you are requesting, you must specify whether any pension arrangements will be included.
What Criteria will the Court Consider?
The court will consider things like the parties’ ages, their assets, and their future earning potential when deciding whether to grant ancillary relief. In most cases, the court will seek a clean break for both parties to move on with their lives without having to deal with continued contact with the other party. Of course, not every situation will call for or allow for a clean break.
Prior to an application from the court, it is strongly advised that you obtain independent legal counsel from a seasoned solicitor, such as Van Eaton Solicitors, because applications can be incredibly complex.
If you need help with ancillary relief proceedings, or to find out more, we are more than happy to assist. Please get in touch with us today by calling 0208 769 6739. Alternatively, you can fill out our online form here.