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

01202 805020
Mon/Fri 9am-8pm       Sat/Sun 2pm-8pm
Call for FREE expert advice & service info

Financial Proceedings

  • WhiteRose
  • WhiteRose's Avatar Topic Author
  • Moderator
  • Moderator
More
7 years 6 hours ago #395601 by WhiteRose
Financial Proceedings was created by WhiteRose
For those separating, I just wanted to gather some information together in one post regarding resources we have on site to do with Financial Proceedings/Ancillary Relief.

Firstly - finances are dealt with separately to the divorce (the ending of the marriage) bit and child contact arrangements - have a read here for more info:

www.wikivorce.com/divorce/Step-By-Step-G...de/Introduction.html

Emotions are high, read up on what the law''s idea of ''fair'' is - have a read through this guide for an idea of the process and what the law considers when dividing up the assets:

www.wikivorce.com/divorce/Divorce-Financ...ncillary-relief.html

One of the most emotive issues tends to be the Former Marital Home - have a read here at these posts regarding who gets the house and housing options following separation

www.wikivorce.com/divorce/Divorce-Advice...-gets-the-house.html

www.wikivorce.com/divorce/Divorce-Advice...wing-separation.html

Bear in mind throughout all of this that going to Court with legal representation will be (guaranteed) an expensive option. One member wrote she spent £30k and her exH £50k to get to Final Hearing.

Negotiations between yourselves or through Mediation has to be a very serious consideration.

However if you have no other option to go to court, and you are unable to afford legal representation, the changes to Legal Aid may mean many are no longer entitled to LA. So people opt to Self Represent (become a Litigant in Person - LIP) have a read here for more information:

www.wikivorce.com/divorce/Divorce-Advice...igant-in-Person.html

You may need download forms - why not use our free Forms section:

www.wikivorce.com/divorce/Resources/Libr...Forms_s46_m1852.html

Finally after separation , you may be entitled to claim benefits you previously could not. Check out this site to see:

www.moneysavingexpert.com/family/benefits-check

or have a look here to see what you could be claiming:

www.familyinvestments.co.uk/family-nest/...benefits-calculator/

My advice before you do anything is research and find out all the information you can. This site is a wealth of information - check out our Guides and Library section or just use the ''Search'' function.

If you''re not sure about anything, ask here (or ask your legal representative) - sometimes friends and family are well meaning with their advice, but may not be objective and there are many misinformed beliefs out there. Better to be armed with facts.

And finally Good Luck. :)

PS - if anyone else has any info or resources to add, please feel free.
The topic has been locked.
  • LittleMrMike
  • LittleMrMike's Avatar
  • Platinum Boarder
  • Platinum Boarder
More
6 years 11 months ago #395655 by LittleMrMike
Replied by LittleMrMike on topic Re:Financial Proceedings
WR, a few comments.

The first is that the benefits scene is changing at such a pace, in particular with universal credit, that there is a danger that any information will be out of date, or very shortly will be.

The second is that information on the site must be regularly updated. This is a problem which applies particularly to information gleaned from the Internet.

Thirdly, there are two articles I wrote which you have no mentioned. They are both in the wiki library but it is hard to find them.

I have attached one of them ; the other is, how to choose a solicitor, what information he needs and how to reduce your legal costs. This is somewhere on wiki : I''ll try and find it and send another post.

Mike
The topic has been locked.
  • WhiteRose
  • WhiteRose's Avatar Topic Author
  • Moderator
  • Moderator
More
6 years 11 months ago #395656 by WhiteRose
Replied by WhiteRose on topic Re:Financial Proceedings
Thanks LMM :)

I can''t see the article you attached to your last post.:(

WR
The topic has been locked.
  • LittleMrMike
  • LittleMrMike's Avatar
  • Platinum Boarder
  • Platinum Boarder
More
6 years 11 months ago #395666 by LittleMrMike
Replied by LittleMrMike on topic Re:Financial Proceedings
No, I tried to attach it but it didn''t work. I will try again.

My phone is haywire at the moment.

Mike

Attachment PRE_DIVORCE-cda56fc661ab3bd7626045f20a94bdfb.doc not found

Attachments:
The topic has been locked.
  • rubytuesday
  • rubytuesday's Avatar
  • Moderator
  • Moderator
More
6 years 11 months ago #395667 by rubytuesday
Replied by rubytuesday on topic Re:Financial Proceedings
There is this article, written by Dukey on how to choose a solicitor:

How to choose a divorce solicitor
The topic has been locked.
  • mumto2
  • mumto2's Avatar
  • Junior Boarder
  • Junior Boarder
More
6 years 8 months ago #406552 by mumto2
Replied by mumto2 on topic Re:Financial Proceedings
About to self represent as a petitioner and hoped you could help. You say that the ancillary relief/financials is separate to the divorce? Is it right that I progress with the actual divorce as per the guide on the website and then when the decree nisi is granted, I apply for ancillary relief? Does this have to be resolved before the absolute is granted or are they 2 different paths? Thanks in advance.
The topic has been locked.
  • WhiteRose
  • WhiteRose's Avatar Topic Author
  • Moderator
  • Moderator
More
6 years 8 months ago #406653 by WhiteRose
Replied by WhiteRose on topic Re:Financial Proceedings
Yes, you need to get the divorce process (the ending of the marriage bit) underway and at the Decree Nisi stage you can apply for to Court for the financial process (if you are unable to discuss between you or via Mediation)

If either of you apply for the Decree Absolute prior to the financials being sorted you could lose out on widow/ers benefits if the other party dies during the process. You can let the Court know that you will be financially disadvantaged if the DA is approved prior to the financials, this will delay the DA until you have a Consent Order/Court Order in place.

However if you feel you will not be financially disadvantaged, you can apply for the DA while still negotiating.
The topic has been locked.
Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11