Ancillary Relief FAQ

 

1. What happens to our house and belongings after divorce?

 There are two ways to sort out what happens to your house, savings, shares, car etc. during your divorce. Either : you and your husband/wife can agree between you and that agreement is sent in to the Court where the District Judge is asked to approve it after the Decree Nisi. Or : you can’t - and you need someone else (a Judge) to decide what is fair.

2. Who applies to court for an order to decide what is fair?  

Either one of you can ask a District Judge to make a decision for you although there is a rule that prevents you if you have remarried.

3. How much does it cost to apply to the court for an order?  

It depends whether you have an agreement or not. If you are asking the Judge to approve an agreement (known as a Consent Order) there will be a court fee of £40. If you cannot agree and want the court to look at all the details and make an order for you the court fee will be £210.  Either way,on top of that you will have to pay your solicitor to represent you. Charges can vary considerably depending upon which solicitor you employ to carry out the work for you. I send all of my clients a no obligation personal cost estimate once I have analysed their answers to my property and finance questionnaire. You can't just ring a builder and ask how much he will charge to build an extension without showing him the plans. And in the same way a solicitor will charge more for a complex case that involves more work, than he/she will for a more straightforward situation. Sorting out the finances on divorce can cost as little as a few hundred pounds or many thousands.

4. How long does it take?  

Agreements are usually checked by the District Judge within about four weeks of being submitted to the court.   Contested proceedings take about four to twelve months, depending on whether you manage to iron out the things you disagree on along the way, or don’t.

5. Do I have to go to court?

 If the terms of an agreement are considered fair they are usually approved without the need for anyone to attend court.   Contested proceedings usually involve three Court hearings and they are called;  1. The First Directions Hearing, 2. The Financial Dispute Resolution Hearing and  3. The Final Hearing  

6. How does the Judge decide?

 The law sets out the factors that have to be considered by the Judge.These are set out in section25 of the Matrimonial Causes ct 1973.  The Judges follow previously decided cases to help maintain consistency. Rulings from higher courts are followed by the lower courts if the cases are very similar. But no two cases are exactly the same and there are never any guarantees that the Judge will agree with everything you say, no matter how unfair that may seem to you. The Judges aim is to achieve a fair result to both of you. It is more difficult to do this if there is not quite enough money to go around. If there are children, particularly younger children, then their housing and other needs have to be given priority.

7. What if we reach an agreement after the proceedings have begun? Can they be stopped?  

In 2008 77% of contested cases settled before a final hearing. In that situation an agreement is drawn up and the Judge has a look at it. As long as it is reasonable the Judge will sign it and it becomes a court order, binding on everyone, just as if the Judge had decided it himself.

8. What if I want to compromise and it is my spouse who is being unreasonable?

 Unfortunately there are some people who just don’t compromise; who are bitter perhaps, or just cannot give up the fight. It may be that your husband or wife is like this.  It is usually these people whose cases carry on to a final hearing, taking you with them. If it happens to you, you can make reasonable offers to settle but noone can force your husband or wife to accept them.

9. What can a court order?

A Judge can make one or more of the following orders:  i) Maintenance (temporary or open ended)  ii) Lump Sum (of money payable from one spouse to the other)  iii) Property Adjustment such as :

 

a) sale of property (maybe a house or shares or an endowment policy)  b) transfer of property (possibly from joint names to one sole name or from one spouse to the other)

 

c) to give one spouse a charge (like a mortgage) over a property or direct that the property be held in a trust. iv) Pension sharing order/earmarking order.

10. Can I ask the court to order my spouse to pay my legal bill?

It is always your responsibility to pay your solicitor's bill. An "order for costs" is an order that one party reimburses the other for some or all of their legal costs. This does not affect your legal responsibility to pay your solicitor for the work they have done for you.  Since 3rd April 2006 the general rule in ancillary relief proceedings is that there will be no orders for costs except in some limited circumstances. Therefore the court might order one person to pay the other's bill but this is something you should not rely on.