Hi Had

I am very interested in your comment about section 25 - we set it out in our initial letter to clients on an AR file (just as we set out the welfare checklist on Children Act files) - I didnt actually realise that not all firms did that.

Maybe that is one small change that Wiki could suggest to Resolution....perhaps if we just make lots of little but effective suggestions for change we might actually get somewhere???


Amanda


I have been through AR and Child Contact with my divorce and I never received information about either Section 25 or the welfare checklist. I knew of them because of wiki and the Child Contact Handbook I got through a Women's Rights website.

My solicitor is also a member of Resolution.

xx Sarah xx

To be fair to Resolution it's important to point out they have produced help sheets covering the s25 MCA 1973 factors and the Welfare Checklist which is available on the website. Also there is a useful book "Separation and Divorce - Helping parents to help children" the text of which can be downloaded. This contains some useful information about coping with the emotional side of divorce.


Edited: I think legal information from women's, fathers, single parents groups etc like forums needs to be treated with caution as it isn't always correct or up to date.

If 50/50 does not exist, what is the common range or benchmark for Ancilliary Relief settlements, 60/40, 65/35?

Is there a strategy for completing the Form E to ensure a slightly inproved outcome in the split?

I think the point is there is no benchmark percentage split - its first ­base­d on needs and s25 of the MCA of 1973, if there's money left after this then that can be looked at in terms of who contributed what in terms of assets and if there are good reasons they should keep them to themselves...

Form E should be filled in thoroughly, carefully and honestly...

What happens where there's an excess of income over income needs?
How does each side bid for a share of that?

Sorry, I was thinking of things like major assets belonging to one party or other before marriage.

When there's an excess of assets after needs have been met, these major 'contributions' are often allowed to remain with their original contributor - eg the value of a house owned before marriage is allowed for, or an existing endowment policy from before the marriage etc.