Ancillary relief what is it

The date for the Second Review Hearing will only be vacated in exceptional circumstances. All parties, solicitors and counsel briefed in the case shall attend the Second Review Hearing. Second Review Hearings will be given an appointment hearing, fixed in time, and thirty minutes will be allowed for each review.

The hearing will be conducted by a Master who will not be hearing the case if it is contested, who will endeavour to assist the parties to settle the case. A date shall be fixed for hearing, again by appointment.

This date will only be vacated in exceptional circumstances. As with the vacation of dates for Second Review Hearings the defaulting party will be penalised in costs with the same provision for legally aided litigants as set out above. The parties will be given one last opportunity to negotiate prior to the hearing. The parties will be obliged to record all offers, responses and agreed matters.

On any argument as to costs the Court will ask to see a note of this record. A note of costs will also be required at the final hearing for the benefit of the parties.

It is anticipated subject to the workload of the Integrated Court Operating System Unit that the First Directions hearings in the new format will commence in June Cases under the present system will continue as before although practitioners should expect a further tightening of permitted discovery.

It is not proposed that the new system should operate in an inflexible way and genuine reasons for adjournment will of course be considered. Where it is ordered that either party shall make appropriate financial services enquiries, it is expected. Discovery should be full and frank but confined to that which is relevant to the issues and its volume and detail should be proportionate to the financial resources and complexity of the case.

In cases where the only assets are a Matrimonial home, occupational pensions, savings, stock exchange listed shares and insurance policies and the income is PAYE taxed; it should be possible to annex the entire relevant and appropriate discovery to the primary affidavit.

In Maintenance Pending Suit Applications unless there is agreement to negotiate globally in anticipation of an early Decree discovery should be limited to income. Maintenance Pending Suit is often misconstrued as establishing an artificial benchmark and is often a forum in which discovery requests are disproportionate to the issue.

Where the total number of pages of discoverable documentation is less than 50, it is reasonable to expect each party to send the other copies as a matter of professional courtesy. Beyond 50 pages, a charge may be justifiable, if copies are required. It should, however, be acknowledged that Order 24 rule 13 1 is not hereby displaced. At least 21 days prior to the Second Review Hearing an agreed bundle for the Court of core documents should be arranged between the parties, if it appears the case will inevitably have to proceed to full hearing.

The indexation should be agreed, as duplication of bundles is wasteful. The primary responsibility for preparation of the core bundle belongs to the moving party. Lawyers should advise their clients on the level of discovery to be sought rather than responding solely to their requests as stressed by Thorpe J in F-v-F Ancillary Relief: Substantial Assets 2FLR Parties engaged in matrimonial proceedings are naturally and instinctively curious as to the lifestyle of a former partner.

Use of expert evidence and advice should be governed by the principles of relevance and proportionality. Before engaging an expert to value a matrimonial home or other property the parties should set out their views of valuation in affidavit. At the first Review Hearing the gap if any can be established and efforts made to identify and instruct one valuer acceptable to both. Any appeal including from a Master to a Judge. Application to vary or discharge an order. Enforcement of any order this would require a fresh application for legal aid.

Contempt or committal proceedings this would require a fresh application for legal aid. Will my certificate for ancillary relief automatically cover me to issue in the High Court? Please provide the following: Background to the marriage, details of any children.

Summary of the financial situation of the parties. Details of the matrimonial property or properties and the equity in the same including properties outside the jurisdiction. Statement of what the client is specifically seeking to achieve and what are likely to be the key issues. Details of related proceedings or certificates. Estimated legal costs likely to be incurred in order to resolve financial issues and a cost benefit analysis. What documentation should I provide with my application?

The conduct of the parties will only be considered if it was so extreme that it would be unfair not to, for example, where domestic violence has resulted in injuries leaving you incapable of work. The legal, financial and procedural aspects of ancillary relief can be highly complex, so seeking expert legal advice and representation is often in the best interests of all parties involved.

With the help of your legal adviser you may be able to negotiate an agreement and incorporate acceptable terms into a consent order, thus avoiding the need for protracted and costly ancillary relief proceedings. If agreement can be reached, your legal adviser can ensure that the terms of the order achieve the desired outcome and that you fully understand the implications of what you are agreeing to. If agreement cannot be reached, your legal adviser will be able to guide you through the process of applying for ancillary relief and provide representation in the event that a final hearing proves necessary.

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Content is for general information only. Always take professional legal advice. Please read our full disclaimer. Personal Family Law. What is Ancillary Relief? Who is eligible to apply for ancillary relief?

Financial protection from any future claims Even if there were no assets or wealth to speak of during the course of the marriage or civil partnership, having a court order in place is essential to dismiss any future financial claims between you.

What financial orders can a court make on an application for ancillary relief? When can a court make an order for ancillary relief? Will I be required to attend mediation before applying for ancillary relief? The procedure for applying for ancillary relief The procedure for applying for a financial order involves a series of compulsory steps, including the preliminary step of meeting with a family mediator.

What does the court take into account when it makes a decision? This includes: the welfare of any child of the family under 18 years old the income, earning capacity, property and other financial resources which each of you has or is likely to have in the foreseeable future the financial needs, obligations and responsibilities which each of you has or is likely to have in the foreseeable future the standard of living enjoyed by the family before the breakdown of the marriage or civil partnership the age and the length of your marriage or civil partnership any physical or mental disability suffered by you or your ex any contribution made to the welfare of the family, including by looking after the home or caring for the family the value of any benefit which either of you will lose the chance of acquiring whether it is fair and reasonable to order a clean break.

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