Model Case Summary for the Final Hearing bundle in Ancillary Relief cases
In the Family Court at
Applicant’s Full Name
Respondent’s Full Name
- This case is listed for final hearing on the wife’s/husband's application for financial relief on divorce.
- The wife is xx years of age [dob], the husband, xx years of age [dob]. They married on [date] and separated on [date]. The marriage lasted xx years.
- The wife/husband issued a Petition on [date]; a decree nisi was pronounced on [date] but is yet to be made absolute.
- There are [number] child/ren of the family: [insert details of children – names, ages and dob] . [names of children] lives with the father/mother at XXXXXXX and attends YYYYYY School(s). The father/mother pays maintenance for [children] and the cost of [extra-curricular activities, ie music, dance, art, sport]. The child maintenance rate is currently in dispute/is agreed at £xx per week/month. There is a/no child arrangements order in place /but there is an informal agreement in place.
- The wife is a [job title] and her employer is [name]. The husband is a [job title] and his employer is [name]. The details of the parties’ incomes are shown on the Schedules of Assets.
- The wife/husband lives in [rented accommodation/the family home] [address] and has been valued by the [name of valuers] at £xx0,000 on [date] [p. xx]. It is free of mortgage/has a mortgage remaining of £x. The property is owned by the parties jointly [p.337].
- The capital assets are shown on the schedules attached. The value of the wife’s/husband’s [item/s] is/are in dispute and there is a dispute as to the division of the assets generally and whether the fact that the husband/wife is older/the wife/husband has chronic illness/disability, the wife/husband has not worked for x years due to staying at home raising the children and running the family home and that the wife/husband has sole responsibility for the child/ren of the family are relevant factors
- Both parties have pensions/Only the wife/husband has a pension. There is a dispute as to how they/the sole pension should be divided in particular whether the age difference between the parties is a relevant factor and whether the second state pension should be taken into account.