Financial Remedy

Financial settlements can be agreed between the parties with the help of a solicitor and without involving the Court. Such an agreement can be achieved at any time during the divorce process, or indeed, at any time following a separation. We will be pleased to discuss this further with you as it is important that both parties to any proposed agreement have access to legal advice.

Procedure

Either party to a marriage is entitled to make an application to the Court for a range of Orders relating to the financial assets of the marriage. This process was until April 2011 known as Ancillary Relief, that is to say, applications for financial relief ancillary to the divorce itself. The Orders can include the payment of a lump sum, regular maintenance payments, or even a transfer of property.

The rules governing Financial Remedy (formerly called Ancillary Relief) are aimed towards promoting a situation in which both parties exchange full and frank details of their respective position as early as possible. Certainly the parties should seek this exchange of financial information proir to making any formal application to the Court.

Following any application the Court imposes a timetable by which information must be exchanged, requests for additional information complied with, and documents produced in support of the application, within a set time period.

First Directions Appointment

The purpose of this Court Hearing is to define the issues and save costs, as it gives the Judge an opportunity to review the case and make directions designed to reduce unnecessary conflict. Both parties must attend in person.

The Financial Dispute Resolution Hearing

This Court Hearing takes place normally once all of the financial information has been exchanged and the issues fully identified. The purpose is to allow discussion and negotiation to take place, as all offers and proposals for settlement will be known to the Judge.

Final Hearing

Where cases do not settle this is the finale. At this Hearing the Court will decide the outcome of the claim. It is possible to reach agreement on the 'steps of the Court' before a fully contested Hearing takes place.