FINANCIAL CLAIMS

The Procedure

The financial claim made on a divorce is called   Ancillary Relief.  Since 5 June 2000, a new procedure has been in place which is designed to give the courts greater control over cases, reduce costs and delay and encourage settlement between the parties. The rules governing the procedure are laid out in the Family Proceedings (Amendment No. 2) Rules 1999, and Statutory Instrument 1999 No. 3491. 

These days Ancillary Claims are determined more quickly and reach to a final hearing unless settled earlier within a year. Most people have heard of divorces that took years however what this usually means is that the financial claim took years rather than the divorce itself which most probably was granted within 4 months. It is not widely understood that the divorce the ancillary claim are entirely separate issues and therefore are not decided at the same time. These days there is no reason an ancillary claim should not be concluded within a matter of months. Some cases may take longer if there are unusual circumstances or complex issues.  

Rule 2.51B of the Family Proceedings Rule states that the overriding objective of the rules is to enable the court to deal with cases justly and fairly by : - 

• ensuring that the parties are on an equal footing; 

• saving on legal expenses; 

• Ensuring that case are dealt with in ways which are proportionate to the sum in involved, importance and complexity of the case and the financial position of each party; 

• ensuring that the case is dealt with expeditiously and fairly; 

• Ensuring that the courts resources are allotted appropriately to the resource and needs of the case 

The court has the duty to manage cases and encourage the parties to reach a settlement and make management directions to ensure that the cases which do not settle reach the trial stage speedily and efficiently.  

The following is a step by step outline of the procedure for a party wishing to make an application for ancillary relief.