The financial settlement on divorce often looms large in many couple's minds when they realise their marriage has irretrievably broken down, but with the assistance of an expert family law lawyer the process can be handled sensitively and efficiently at every turn.
When a couple decide that their marriage has come to an end there will be three main elements to consider; or two if there are no children of the union:
- Marriage dissolution – the legal ending of the marriage concluding with Decree Absolute;
- Financial arrangements – division of marital assets and agreement of financial support for any children of the marriage;
- Children arrangements (if there are any children of the marriage) – the agreeing of who the children will live with (residency) after the divorce and how contact will be arranged for the non-resident parent.
Financial arrangements on divorce
The formal name given to the legal process, in England and Wales, for deciding the financial arrangements of a divorcing couple is ancillary relief (ancillary meaning in addition to the full legal process of ending the marriage). The ancillary relief package will be finalised in a family law court order.
An application for ancillary relief can only be made after the divorce has been petitioned for and will usually be made by the spouse with weaker earning potential (often the parent with residency).
The two key areas the family law court will be concerned with in ancillary relief will be 1) dividing the marital assets and 2) ensuring that any major disparity in earning potential is considered.
Making the application
As stated in Family Proceedings Rule 2.61A an application for ancillary relief can only be made on Form A and must be sent to the court where the divorce case is pending. The spouse submitting the application will from thereon be known as the applicant.
Once the court has received the application it must:
- Fix a first appointment which will occur at least 12 weeks after the date of application but no later than 16 weeks after; and
- Serve a copy on the other spouse (known in ancillary relief proceedings as the respondent) within four days of the application being filed.
Once the date for the first appointment has been made it cannot be changed without permission of the court.
Working hard for financial settlement on divorce
Once the ancillary relief application has been made it is wise to realise that there is a strict timetable of events which must be adhered to and if these event timings are not complied with the court may penalise you with costs.
Before you file your Form A application your family law lawyer will be able to advise you on the time schedule, what details you will need to have ready, and when you will need to produce documents and evidence.
At Healys we believe the best way to achieve a just and fair ancillary relief package is to ensure all necessary financial information and evidence, such as pension and house valuations, investments held and projected earnings, is gathered as expeditiously as possible.
Our experienced divorce solicitors, based in offices in London and Brighton, can help you negotiate a suitable financial settlement on divorce by advising on all aspects of the ancillary relief application and all areas of the further negotiations.
If you feel you need advice regarding your financial settlement on divorce you can speak directly to Catherine Taylor on 01273 669 124 or e-mail on catherine.taylor@healys.com
