A Deep-Dive into Ancillary Relief Proceedings

For those of you who don’t know, here’s the gist on what ancillary relief is.

According to English Law, when either party is not able to come to an agreement on the division of financial and property matters, the decision is then handed over to court, which then makes the final decision on the division of matrimonial assets. This is known as ancillary relief.

Basics of Ancillary Relief Proceedings

Your aim is to let the court decide how assets for both parties will divided amongst them. During this time, the court will focus on matrimonial assets and non-matrimonial assets. It will consider your obligations, responsibilities and financial needs using determining factors such as:

• The welfare of any offspring you may have
• Financial resources you may have or will have in future
• Your current expected standard of living
• Your ages
• The length of your marriage
• Any contributions you’ve made for the well-being of your family
• Any added benefits you may acquire
• Your current and past conduct

First Review Hearing

Once the process starts, both parties will be summoned to the court. During the first review hearing, a timeline for your case is decided and any disputes are addressed by the County Court Judge. The other party will also be directed to file a replying affidavit to the grounding affidavit that was launched by the first party. After the first review hearing, you’ll be given 21 days during which you’ll need to send the following documents to court:

• Any valuations and reports
• Any documentation you believe is necessary to the case
• Statements pertaining to core issues of the case (these should detail all agreed-uponissues as well as details on those issues in dispute between both parties)
• Complete estimation of legal costs

Financial Dispute Resolution

Also known as the FDR, in this review, both parties and their solicitors will need to be present. In this session, the County Court Judge will take this time to reach a settlement while defining and resolving any issues if possible. If this is not possible, the matter is then pushed for the final hearing.

Final Hearing

All decisions will be made in this final hearing. The judge will listen to both arguments, after which they will give their order where needed. If a party is not satisfied with the final orders, it is advised that they seek legal help for an appeal.

Need help?

Wembley Solicitors offers legal assistance in Middlesex, UK to those in need of expert divorce solicitors. Contact us today to know more!