Ancillary Relief

Please can anyone advise me. We went to our first financial hearing at court recently. We agreed a settlement out of court and then went into see the judge who would not approve the court order until my stbx informed the court that he could raise the extra money which he agreed to pay in addition to his earlier offer made by mediation. Should he not be able to raise the funds, then the judge told him that we would both need to return to court and that he would order that the house be put on the market. I was under the impression that he had 2 weeks to confirm to the court that he had agreed how to raise the money and stbx said it would not be a problem to the judge. This condition was not put on the order, and when I rang the court to confirm whether he has agreed that he has raised the extra money, they say that they have heard nothing and we are due back in court end of Aug. (He origionally had, and it says on the order , until begining of Aug to pay funds to his solicitor) At court my barrister said that I had a very strong case for spouse maintenance but as it had all been agreed, and things would be finalised by begining of August, and it would be a Clean Break, that interim maintenace would not be worth claiming. I did agree, assuming that it would all be sorted out by begining of Aug, but it doesn''t look that way now. My stbx will drag it out as he knows I am struggling to live, and borrow money from family. Can I now claim spouse maintenance, or what is your advice? Thank you so much.

Is anyone able to help this lady please?

Assuming this will be the FDR it probably is not worth making a stand alone application for SM, the judge at FDR with any luck will give an indication of if and how much SM you will probably receive.

The deal he offered is now more or less off the table and proceedings will continue until the Final Hearing.

Thank you so much for your help, but I am unsure about what you are advising, sorry. If we are not back in court until the end of August I still have to live for another 2 months, loaning approx 400 per month from my family to live very frugally and pay rent. If then he has another 56 days to produce the funds, that is another 2 months of borrowing. Are you advising me to wait until end of Aug before asking about SM? Thanks.

The problem is lets say you speak to your lawyer and they say ok if you made the application your probably talking a couple of months before you would get a date, and by then you have FDR anyway.

An MPS should be made before or during FDA although i understand you thought you had an agreement which is why you left it alone.

Its best to talk your own lawyer and get their take on this, they know all your details.

Thank you again, In Feb I asked my solicitor to apply for SM, he failed to do so, blaming my previous solicitor. (I had to change from paying to a legal aid solicitor in Feb as lack of funds) When we went to court early June someone forgot to tick the box asking for SM to be heard on the day, but I insisted he ask the court for it to be heard on the same day. He told me that the court had agreed, and that it would be heard. On the day, the judge said he didn''t have time to hear it, and we would have to re apply, and that it would be heard then. Can I not apply for an emergency hearing or voluntary SM to be paid in the interim? I am not sure, and sad to say my solicitor is not at all helpful. Thank you again.

If he will pay until you have an agreement that is fine no court order or hearing needed, if he says no then you need a court order to make him, the only emergency hearings are strictly for certain issues and this would not come under that umbrella, so i have no good news for you.

I would be asking some probing questions as to how you instructed a solicitor to apply for SM and they "forgot" to tick the box, its the very first box top left!.