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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


Ancillary Relief

  • JustH
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17 Jan 08 #10981 by JustH
Topic started by JustH
Could I ask a very basic question please?

My hubby left 7 months ago and has been paying me 100 pounds a week since then for my 14 year old daughter who spends every night with me.

He is delaying massively on providing financial disclosure as he earns more than 10 times more than me- over 70 grand, he also got rid of a lot of money from a joint second property- 150,000- only 28,000 left

Married 22 years- 2 kids 20 and 14- both living with me in FMH

My solicitor has now given him 14 days to disclose or will apply to court for ancillary relief

What does this mean please?

  • sexysadie
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17 Jan 08 #10985 by sexysadie
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I think what your solicitor is doing is saying to your husband that you can do things nicely by both voluntarily disclosing your finances in the next fourteen days, and then negotiating, or you will go through the court, which imposes a timetable. Applying for anciliary relief is applying to sort out the finances.

Sadie

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17 Jan 08 #10986 by Josh2008
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What it means is because your ex is not providing information voluntarily; your solicitor will apply to the court for 'Ancillary Relief'

Effectively you both then have to disclose all your assets, all your outgoings and liabilities, for the court to determine a 'fair' division of your joint assets and liabilities.

If you cannot come to an agreement between yourselves and for that to be then put into a Consent Order, the District Judge will make a ruling on what is 'fair' taking into account the needs of children first and then the needs of the divorcing parties.

The Form you need to complete is form E, it is very in depth and can be intrusive, and bit a complete picture is needed to come to a 'fair' decision

I bracket the word 'fair' as quite often parties who cannot agree and have to go through the court process, feel they have been treated unfairly

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17 Jan 08 #10989 by JustH
Reply from JustH
Thank you both, Sadie and Josh, that makes things a lot clearer.

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