Ancillary Relief Proceedings
The common perception is that divorce is an expensive business where the only winners are the lawyers. And whilst it can be expensive, we have the experience to guide you through a very difficult process whilst protecting your interests and your wallet. If you instruct us to assist you in your divorce we will try to amicably agree a financial settlement with your spouse’s solicitor. If no agreement can be reached then Ancillary Relief Proceedings must be issued to bring about a resolution of financial matters including the family home and pensions which usually represent the majority of matrimonial assets.
Ancillary relief proceedings take place after the formal divorce proceedings if no agreement can be reached in relation to the division of the family assets. Affidavits, sworn written evidence, will be submitted by both parties to the Court – setting out relevant information relating to the financial circumstances of the family. Documentary evidence will then follow which can include; payslips, bank statements, business accounts, property valuations, mortgage redemption values, and so on.
A number of reviews at Court will take place while the parties attempt to narrow the issues. Our expertise will be of vital assistance to you here. The Court itself will try to help the parties in their negotiations. All offers and responses will be recorded and if there is any dispute the Court may demand to see the notes taken.
There are of course cases where no settlement can be agreed between the parties, even with the assistance of their legal representatives. In those cases the Court will make an Order. The Court has the power to make the following orders;
- Lump sum payments;
- Maintenance payments;
- Property adjustment orders which transfer the ownership of property to husband or wife;
- Pension sharing orders;
- “Clean breaks”.
The process, outlined in very broad strokes above, can take time and will be stressful. You can have confidence that we will protect you throughout which will help ease the pressure that you are feeling.
When you contact us for a free initial enquiry you will be under no obligation to instruct us and we will be delighted to help in any way that we can. Please do not let funding concerns deter you from getting in touch with us. We will provide you at the outset with estimates of all our fees and charges. There may be the possibility to agree a flat fee at the outset of your case. Alternatively you may be entitled to legal aid. We will be able to explore these options on your behalf.
For many years Boyd Rice Solicitors have been representing people who are going through this difficult time in their lives. We devote care and attention to our clients and you can contact your assigned solicitor by phone or email.
We know that divorce and ancillary relief proceedings can put stress and strain on everyday life. We want to make sure you achieve a resolution as quickly as possible so you can move on with your life.