Divorce & Ancillary Relief

In England the divorce process can be divided into three separate legal issues. The part of divorce proceedings that looks to resolve financial issues between the divorcing couple is also sometimes known as ancillary relief. Although cases will naturally vary according to individual circumstances court proceedings will generally follow the same three stage process. Family law protocol requires that both parties in the divorce fully disclose their financial position. The couple should then attempt to reach an amicable settlement for the division of assets. If an agreement isn’t reached then court proceedings will begin. After both parties have completed a financial information form the case is listed for a First Appointment. At the First Appointment the District Judge of the local County Court will give their directions on what is needed for the case to proceed. This will usually mean obtaining further financial information such as a valuation of property. The next stage of proceedings is a Financial Dispute Resolution Hearing. At this hearing both parties and their lawyers are required to attend. The District Judge will give guidance on any issues impending settlement of the case and if possible an agreement will be reached. If an agreement can’t be reached the case will be adjourned to a Final Hearing. At the Final Hearing both parties will give their evidence and their lawyers will set out their proposals. Once these are heard the District Judge will give a final ruling as to how the couple’s assets are to be shared. Ancillary relief can often be the most difficult part of divorce proceedings. Disputes over financial settlements can become bitter and protracted and lead to much stress for both parties involved. This need not always be the case however and if couples are able to resolve matters amicably between themselves then this is the most preferable option.
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