What is ancillary relief?
Ancillary relief is the proceedings concerned with financial matters upon divorce. Ancillary relief is another way of saying “financial settlement”.
As well as the divorce process, the division of finances will also need to be dealt with. In some instances, both parties are able to agree either between themselves, or with the help of mediation. Consent orders are still required to be drawn up by a solicitor to ensure the financial settlement agreement is legally binding
Where an agreement cannot be reached, it may be necessary to ask a court to decide how the finances are to be split and make a financial order to this effect.
What does the court consider?
When considering ancillary relief claims, the court will closely examine a number of factors. These include:
- The income, earning capacity, resources and property of each party
- Each party’s present and future financial needs and obligations
- The welfare of any children
- The duration of the marriage
- The age of each party
- Whether either party would be seriously disadvantaged by the ending of the marriage or civil union
The court will also look at the value and role of any assets relating to the marriage or civil partnership. These include the family home, pensions, investments, insurance, extra properties, and debts.
