Propery and Finance In Divorce Matters

In divorce matters, the main action, as far as the court is concerned, is the application for the decree absolute of divorce. This is therefore regarded as the principal relief given. Alongside the divorce application, there may be other matters which have to be decided. These are often financial (whether in relation to the matrimonial home or a pension or other assets) and since they are ancillary to the divorce itself, such applications are known as applications for ancillary relief.

Even where the divorce itself is not contested, there may be some dispute over what happens with regard to the finances of the marriage. There are many ways of resolving such disputes and it is vitally important that you receive skilled, experienced advice throughout the process.

Where there are significant matrimonial assets, such as the matrimonial home, savings or a potentially valuable pension, both parties can come to an agreement for the division of those assets.

There may also be on-going maintenance to be resolved between the parties. Where there is capital available, one party may be willing to accept a capital sum to take into account any potential maintenance liability on the part of the other.

Where such agreements are reached, they are incorporated into a Consent Order. In order to obtain such an order, knowledge of legal procedures is essential. The order has to be drafted in a particular way, to receive the approval of the Court and it has to be accompanied by certain supporting documentation.

A Clean Break Consent Order is designed to provide a way of dividing the assets of the marriage so that neither party has the right to any future claim from each other or each other’s estate. It will set out the terms that have been agreed between the parties and then provide that, subject to the implementation of those terms, the claims of each party against the other shall stand dismissed, once and for all.

In the absence of such an order, it is open to either party to the marriage, at any time, to apply to the court so that the court may look at the matter afresh and decide whether to make financial provision against the former spouse.

We will always advise, as is good and established practice, that, where there appears to be little immediate prospect of a swift settlement between the parties, the parties are recommended to consider a mediation process. Mediation is limited to a procedure of usually no more than 2 to 4 hours. If it helps to produce an agreement between the parties, then it does reduce the overall costs and any resultant stress.

There are many aspects to ancillary relief matters and depending on the assets and family circumstances involved, the level of complication can vary. Each party will have certain obligations towards the other and the children of the family and also certain rights which need protecting. At Onions & Davies, our many years’ experience of such matters mean that we can advise you in the most cost effective way whilst bringing about the most appropriate solution for you.