Step1:Apply For Ancillary Relief Step2:Financial Disclosure Step3:Negotiation Step4:Obtain Financial Order

Apply For Ancillary Relief

Ancillary Relief is the name given to the legal process in England and Wales whereby the financial arrangements of a divorcing couple are negotiated and formalised in a court order.

One of the parties (normally the financially weaker party) makes an application for Ancillary Relief. The name ancillary comes from this process being "in addition to" the central legal process of dissolving the marriage.

The purpose of Ancillary Relief is to put in place a set of financial arrangements that is fair to all parties in the two key areas of 1) Division of Marital Assets and 2) Addressing any major disparity in earning power.

In order to achieve fairness there are a number of financial orders that a court can make:

Maintenance orders
These order that one spouse should make maintenance, or periodical payments (usually from the husband to the wife). Payments are normally ordered on a weekly or monthly basis. They can be limited to a set period.

Lump sum orders
These order one spouse to make a payment of a lump sum of money to the other. This sum can be of any amount, depending upon the assets of the parties in any particular case. A lump sum can be ordered in addition to maintenance payments, or it can be in final settlement of the financial obligations of the payer.

Transfers of property
The court can order a husband or wife to transfer any property which belongs to that person to the other spouse. This order is often made when the property to be transferred is the spouse's interest in the former matrimonial home. These orders can be made in relation to all forms of property, including tenancies and company shares, for example.

Pension Sharing Orders
The court can order various types of pension sharing or pension attachment orders. 

Family Proceedings Rule 2.61A requires that an application for ancillary relief must be made by using Form A. This can be submitted by either spouse (called the applicant) and must be sent to the court where the case is pending, this being either a divorce county court or a High Court.

Upon filing Form A by either spouse the court must:

- fix a first appointment not less than 12 weeks and not more than 16 weeks after the date of the filing of the notice;

- serve a copy on the other spouse (called the respondent) within 4 days of the date of the filing of the notice.

The date fixed by the court for the first appointment must not be cancelled except with the court's permission and, if cancelled, the court must immediately fix a new date.

Which of us can apply for ancillary relief?
Either of you may apply. Typically the child-carer / homemaker / lower earner applies as it is they who could be awarded maintenance. There is no bias in favour of applicant verses respondent.

Can’t we just agree finances informally between ourselves?
The issue with informal agreements is that if circumstances change, or you later fall out, the other party can come back years later and make a fresh claim on your assets and income.

How long does it take to get ancillary relief?
The total time taken varies from perhaps a couple of months (where the parties quickly agree a deal and get a consent order drafted and approved) to several years in the case of highly contested cases. An average case settled at the FDR hearing might take around 9 months.
 

Information Leaflets for Applying For Ancillary Relief

I want to apply for a financial order (leaflet)

Court forms for Applying For Ancillary Relief

Application For Ancillary Relief (Form A)