Ancillary Relief
What is ancillary relief?
During or after a divorce, a marriage annulment or a judicial separation, the court might need to settle disputes about money or property. It can do this by making a financial order, which is known as ancillary relief. Since 2006, the dissolution of civil partnerships has also been covered by ancillary relief.
What sort of things does it cover?
Ancillary relief includes the sale or transfer of property, maintenance payments made to a spouse, a lump sum payment and/or pension sharing and attachment orders. It also covers school fees and child maintenance "topping-up" orders, as well as child maintenance orders made by agreement between the parents.
How does it work?
Ancillary relief includes the sale or transfer of property, maintenance payments made to a spouse, a lump sum payment and/or pension sharing and attachment orders.
These examples set out how the orders work:
- Under a property transfer, your home is sold and the proceeds divided between you or transferred to one party.
- You may pay for or receive a specified lump sum, either in one amount or by instalments. This can happen straightaway or in the future, such as when your home is sold.
- You may also make or receive periodic maintenance payments for a specified period to meet living expenses.
- Under a pension share, a pension is split between you in a specified percentage and paid when you retire.
- In a pension attachment, when you retire, a pension provider will pay the pension in specified percentages to both of you.
How does the court decide?
There is often discussion and disagreement between husbands and wives or civil partners about how the court applies these powers. The way in which relief is applied and quantified is usually dependant on the circumstances of each individual case. Equally, many decisions are influenced by past cases. This is known as "case law".
This fact sheet will give you some basic information about ancillary relief. You can also listen to it online or download it onto an MP3 player.
Please be aware that this is not legal advice and if you are concerned about any of the issues mentioned you should speak to a lawyer.
You can contact Russell Jones & Walker's solicitors at enquiries@rjw.co.uk.