Ancillary Relief

[fabtec]

My wife and I are going through a divorce and she reduses to sort things out amicably. There are no children involved and at the moment she is living in the home which is for sale. She only wants the equity from the sale and no debts which are in my name only. I am paying all the mortgage as she only has a part time job. She has got legal aid and has now applied for ancillary relief, requesting a bigger percentage of the house, a lump sum, and an allowance. I have had to get a solicitor which is costing a fortune. Please can anyone advise me of what happens at the first court hearing. Will my solicitor have to attend? will I be questioned and what is the procedure. Has anyone experienced this situation. Am I at a disadvantage as she has legal aid and will fight all the way. We are both in the process of filing a form E. Thank you

[Ethel]

I hope this site helps - it is authorative and clear.

http://www.hmcourts-service.gov.uk/infoabout/financial/f ee.htm


My personal advice to you at this stage is to take your time filling out Form E. Do not make any mistakes or miss anything out.

If there is any part of the form that is unclear seek advice.

[Loosehead]

If you fight with lawyers you both end up with nothing. Your lawyer and hers' will carve up your estate between them in fees. If you can cooperate you'll both be a lot better off.

[lady_p_gold]

The whole process can be very long and drawn out, and the outcome will depend on the length of the marriage, the needs of both parties and how much is in the 'marital pot'. Also there is your pension to be considered of which she can ask for a share in her own name. Usually you will not have to play a part other than attending, your solicitor will do all the talking. She may get legal aid but she could have to pay that back from any settlement she received. If you can come to some amicable arrangement it would be much better. You say she only wants the equity from the sale did you mean all the equity, as there is no bigger percentage than that .. or did you mean she only wanted half the equity originally and now she wants more ? Have you got savings etc. ? The way it works is all the debts go in a pot and all the assets (so in a way she would be affected by your debts) and then whatever the figure you are left with is split ... either by agreement or ultimately by the court.

[Golden Shred]

Early in April the law changes. Where both sides will not agree and the matter has to go to ancillary relief each side has to pay its own legal costs (there is to be no award of costs as in an ordinary civil case). My recollection is that there can be no legal aid. The purpose is to force people to agree and so save Court time listening to people nit-picking and grizzling over things that they should have been adult about.