When sorting out your money and your finances, your lawyer will refer to the term ancillary relief. We encourage you to sort this out with your spouse or partner in as friendly a way as possible. Nevertheless, we would always recommend that an agreement be embodied in a legal document. If this can’t be done then a Judge will make the decision for you.
What will a Judge take into account when considering the ancillary relief?
- Your income, earning capacity, property and any other financial resources you both have
- Your financial needs, commitments and responsibilities now and in the future.
- The standard of living you enjoyed before the breakdown of the marriage
- Any physical or mental disability of each spouse
- Any financial contributions which each spouse has made or is likely to make
- The value of any benefits, such as pensions, which one spouse may lose as a result of the divorce.
You will have to provide comprehensive details about your financial circumstances and provide documents outlining your finances – this will usually be on something called a Form E. Once an agreement has been made then the details will be pulled together in a draft Consent Order. This is then sent to the District Judge following the pronouncement of the Decree Nisi (the certificate granted when a court is satisfied that the petitioner is entitled to a divorce). If the Judge is happy that the financial agreement is fair then he will make the Order.