A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info


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

  • bencooper
  • bencooper's Avatar Posted by
  • New Member
  • New Member
More
21 Jan 08 #11332 by bencooper
Topic started by bencooper
If my wife and I have agreed the division of assets and finances between us in what we both believe to a fair split- do we have to go through the ancillary relief process at all?

The purpose of Ancillary relief seems to be twofold;
1- to resolve any disputes
2- to rubberstamp and decisions that are made in a legally binding manner ( except where non-disclosure of assets is applied for.


In my situation my wife and I are happy with our finances and do not wish to incur needless legal expenses as our asset pool is rather small.


All comments welcomed

  • Josh2008
  • Josh2008's Avatar
  • Platinum Member
  • Platinum Member
More
21 Jan 08 #11334 by Josh2008
Reply from Josh2008
Even an agreement between yourselves should be put into a Consent Order and ask the court to ratify it.

That way neither has any come back in the future excepting there appeared to be some evasion by either party, then the order could be looked at again

I am in a similar situation and hoping that the proposal will be accepted by a court, what sols will always say is "It is very complex and needs to be drawn up by them" and charge you £500 for just that.

I have composed mine in 'legal speak' hopefully the court will accept it

  • bencooper
  • bencooper's Avatar Posted by
  • New Member
  • New Member
More
21 Jan 08 #11358 by bencooper
Reply from bencooper
thanks for that- I have been advised that we don't need to go down the ancillary relief route but simply need to fill in and consign to the court a 'statement of information for a Consent Order' ( code D81 on the HMcourt website). this is a 2 page document that we both approve and sign off on for the courts consent- might be of use to you?

  • Josh2008
  • Josh2008's Avatar
  • Platinum Member
  • Platinum Member
More
21 Jan 08 #11365 by Josh2008
Reply from Josh2008
The D81 is just the "Statement of information for a Consent Order"

For any order to be acceptable and rubber stamped, it has to be supported by a legally binding agreement between the parties.

This is known as a "Minute of Agreement" and should be drawn up to encompass all the requirements your spouse and yourself wish to include.

Sorry but if it were just a simple matter of filling in a form, then those 'poor' solicitors wouldn't have any money to feed their starving kids

You can of course not bother with a Consent Order, in that case no costs, you both trust one and the other, but either party can at some future date apply for 'ancillary relief'

  • bencooper
  • bencooper's Avatar Posted by
  • New Member
  • New Member
More
21 Jan 08 #11370 by bencooper
Reply from bencooper
bloody hell- and there was I thinking it was all nice and easy. well I'll ask about it (and get charged just to let me know there are more charges ahead..)

  • Josh2008
  • Josh2008's Avatar
  • Platinum Member
  • Platinum Member
More
22 Jan 08 #11410 by Josh2008
Reply from Josh2008
When my W and myself came to an amicable settlement, she put a propsal very brief forward.

Having read it I could have ended up owing her lots, just because of the way it was worded, not intentionally

So I started to look further into it, bare in mind no solicitor worth their salt are going to tell you how to word an agreement, simply because they want their £500

You can agree and ask a solicitor just to put it into an agreemnet format acceptable by a court but the general fee is about £500.00

If you are happy with that, the sol will set it up, however if the agreement seems 'imbalanced' or 'unfair' on the person seeking the order then sol will want idemnifying against any potential come back on them

I've been wotking on it for over a month along with other things and I am not 100% sure I've got it right, sols use allsorts of 'cloudy' info to protect their potential fees

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11