Noble Harbour Solicitors

Noble Harbour Solicitors

Financial Issues (Ancillary Relief)

Ancillary Relief is the legal term given to claims either party in matrimonial proceedings may make in respect of financial issues.

The law relating to financial issues is largely contained in the Matrimonial Causes Act 1973 and the Family proceedings Rules 1991. The law is complex and it is only possible to make general reference to it here. However, a fundamental element is that parties to financial proceedings must provide a full and complete disclosure of their financial circumstances both to each other and the court. Failure to do so can result in a range of consequences for the party in default from cost penalties being imposed through to the order made being set aside and complete re-opening of arrangements or Court Orders. In extreme cases where a party has failed to co-operate within proceedings the Court is able to commit that person to Prison.

The majority of separating couples are able to resolve financial issues by agreement without the need of a final court hearing. Mediation and negotiation should always be pursued. However, if it is clear that agreement will not be possible the most cost effective way of bringing the matter to a conclusion may be achieved by issuing a formal application. Once an application for Ancillary relief has been made a timetable will be set by the court to ensure the necessary steps are taken by the parties to prepare the matter for final hearing.

Each case is inevitably decided on its own facts. It is essential that consideration is given to financial issues at an early stage. Please contact us for further information or to arrange an appointment.

For further details please contact [email protected].

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