Ancillary relief, also known as financial remedies or financial orders, is a term used in the UK to refer to the legal process of resolving financial issues that arise during or after the breakdown of a marriage or civil partnership. This can include issues such as the division of assets, maintenance payments, and child support.
The main piece of legislation governing ancillary relief in the UK is the Matrimonial Causes Act 1973, which sets out the principles and guidelines that courts must follow when making financial orders. These principles include the need to ensure that the financial needs of both parties and any children are met and that the assets of the marriage are divided fairly.
What Considerations Does the Court Take into Account?
One of the key considerations in ancillary relief cases is the principle of fairness, which requires that the court takes into account the parties’ financial resources, their needs, and the standard of living enjoyed during the marriage. This includes looking at factors such as the parties’ income, assets, and liabilities, as well as the length of the marriage and the roles that each party played in the marriage.
Who Can Apply for Ancillary Relief?
To apply for ancillary relief, a party must first petition for divorce or dissolution of a civil partnership. If the parties are unable to reach an agreement on financial issues, the court will make a financial order after considering the relevant factors.
There are several different types of financial orders that a court can make, including:
Property adjustment orders can be used to transfer ownership of property from one party to the other or to sell the property and divide the proceeds.
Maintenance orders can be used to require one party to pay maintenance to the other, either on a temporary or permanent basis.
Pension-sharing orders can be used to divide pension assets between the parties.
Is Ancillary Relief Required in Every Divorce Settlement?
It is important to note that ancillary relief is not always necessary in cases of divorce or dissolution of a civil partnership. Parties may be able to reach an agreement on financial issues through mediation or other forms of alternative dispute resolution. However, if an agreement cannot be reached, the court may be required to step in and make financial orders.
It is also worth noting that ancillary relief is not available in all cases. For example, it is not available to couples who are in a cohabiting relationship and do not have a marriage or civil partnership.
How Can Van Eaton Solicitors Help?
If you are involved in a divorce or dissolution of a civil partnership and have questions about ancillary relief, it is important to seek legal advice from a qualified solicitor who can help you understand your options and protect your rights. 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.