What is Ancillary Relief?
Ancillary relief refers to the distribution of family assets between involved parties, ensuring the equitable split of finances after a divorce. Alexander JLO’s team offers hassle-free services, including ancillary relief advice and negotiating ancillary relief orders on your behalf.
Ancillary Relief Services from Alexander JLO
Alexander JLO’s highly reputable team aims to resolve ancillary relief cases amicably and without court involvement, in order to reduce tension, stress, and ancillary relief proceedings costs for all parties.
We offer a friendly and personal service and work closely with you to gain an accurate understanding of your financial circumstances and objectives. Our aim is to achieve a voluntary and amicable agreement, as quickly as possible, to reduce emotional pressures on all parties involved. By involving Alexander JLO in ancillary relief matters, you assure a quick, easy and hassle-free process.
We would be delighted to offer a free initial appointment to discuss your requirements; however, we are unable to assist with Legal Aid applications.
If a couple cannot agree on an ancillary arrangement amicably, court involvement is required to deal with the ancillary relief case. In such cases, the court has the power to make the following orders:
- Lump sum payments – Lump sum orders can be made in favour of the other party, or, more rarely, for the benefit of a child of the family.
- Property adjustment orders – This orders the transfer of property into the ownership of a husband or wife.
- Maintenance payments – These refer to an amount of money that one party has to pay towards another, usually a child, based on a legal duty to support them.
- Pension sharing orders – Pension assets are split immediately, and each party can decide what to do with their share independently.
- “Clean breaks” – Clean break orders sever all financial ties between the involved parties from that point in time onwards.
FAQs about Ancillary Relief
Who can apply for ancillary relief?
Either party in a marriage can apply for ancillary relief. The applying party is known as the Applicant, while the other party is known as the Respondent. There is no bias in favour of the Applicant in ancillary relief case proceedings.
How long does the ancillary relief process take?
The length of an ancillary relief process depends on the complexity of the case itself. If the involved parties reach an agreement amicably, the process can be done relatively quickly. However, some disputed cases can take up to a year or longer to resolve. On average, the ancillary relief process takes about 9 months to complete.
What factors do courts examine when considering an ancillary relief case?
Courts closely examine a number of crucial factors when considering ancillary relief cases, including:
- The income, earning capacity, resources and property of each party
- Each party’s present and future financial needs and obligations
- The welfare of any children involved
- The valuation of assets relating to the marriage, including investments, family homes, pensions and insurance, as well as any debts
- The duration of the marriage and the age of each party
- Whether either party would be seriously disadvantaged by the ending of the marriage or civil union
Are consent orders needed for ancillary relief?
In cases where both parties are able to reach an amicable agreement successfully, consent orders are still required to ensure the financial settlement agreement is legally binding. A family law solicitor will need to apply to the court for a consent order on your behalf.