FAMILY LAW
FINANCIAL PROVISION (Ancillary Relief)
Following the breakdown of a marriage, there are frequently a number of financial issues to be resolved. For example, where the parties (and any children of the family) will reside, how any capital assets are to be divided, the provision of maintenance for either of the parties to the marriage, and/or any children of the family and how pensions should be dealt with.
Obtaining a Consent Order
If you are able to resolve the financial aspects of the breakdown of the marriage on an amicable basis, it is possible to obtain an Order from the Court reflecting that agreement to ensure that your interests are protected. This can be carried out by a simple procedure which avoids either party, or their solicitors, having to attend Court.
The procedure involves the preparation of a Consent Order together with a Statement of Information Form providing basic details in respect of both parties financial circumstances. The Court must be satisfied that the Order is reasonable.
Parties can be helped to reach an agreement in mediation, through a Mediator. A Mediator is an independent person and mediation should be considered before proceedings are started. Your solicitor will be able to give the details of Mediators in your area.
Mediation is not always appropriate and you should seek further advice from your solicitor.
If an agreement cannot be reached through mediation or negotiation it will be necessary to commence Court proceedings.
Spouses and former spouses have the right to make financial claims against each other by applying to the Court for any of the following:
The financial claim is made by way of application to the Court following the issue of a Divorce Petition. An Order can still be made by consent at any time following the issue of proceedings.
Once proceedings are issued, a timetable is instigated by the Court that must be complied with.
If the parties do not co-operate they may face the risk of costs being ordered against them by the Court.
The Court takes various matters into account when considering what orders should be made. It is obliged to consider all the circumstances of the case and to give first consideration to the welfare of any children under the age of 18.
The relevant law sets out several factors which the Court will consider.
These include:
1.The income, earning capacity, property and other financial resources which each spouse has or is likely to have in the foreseeable future .
2.The financial needs, obligations and responsibilities which each spouse has or is likely to have in the foreseeable future.
3.The standard of living enjoyed before the breakdown of the marriage .
4.The ages of each spouse and the duration of the marriage.
5.Any physical or mental disability of each spouse.
6.The contributions which each spouse has made or is likely to make in the foreseeable future to the welfare of the family.
7.The conduct of each spouse (in limited circumstances).
8.The value to each spouse of any benefit which one spouse will lose the chance of acquiring because of the divorce.
The Court will take into account all matrimonial assets which each party has, not just assets that they jointly own.
At any time during the process, an agreement can be reached and negotiated by your solicitor.
You may qualify for Public Funding. You should seek further advice from your solicitor.
Click to contact the Family Department or telephone the location nearest to you.
