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.
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
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?
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