No. 32- Ancillary Relief – Part 3 – England & Wales
At the final hearing, the judge has the power to issue any of the following
- Consent Order
A Consent Order is one that both parties agree
to before it is issued. The parties hammer out a deal and then ask the court to
issue an order reflecting the terms of their agreement. The court should
approve the order if it is in the best interests of the parties (and their
children, if they have any).
- Court-Imposed Orders
Where the parties fail to reach an
agreement, the court will hear arguments and then impose a settlement
by issuing one or more of the following:
- (a) Lump Sum Order
One party pays a specified sum of money
to the other as compensation for their ownership interest in an asset or
(b) Periodical Payment Order
One party pays money to the
other every month, e.g., spousal maintenance &/or child maintenance.
(c) Secured Periodical
Here, payments are secured upon a particular asset. Thus, if the
party who is supposed to pay money dies or defaults, the other party can demand
an asset be sold to fund future payments.
(d) Property Adjustment
The court changes ownership of an asset, usually from joint
ownership into one party’s sole name.
(e) Order for Sale
The court orders an asset be sold (usually to fund a lump sum order).
(f) Clean Break Order
This ends all claims the parties may have against each other on all financial
matters except child support / maintenance. The aim of such an order
is to make the parties financially independent.
(g) Deferred Clean Break Order
The court may also order a clean break after a specified period of spousal
maintenance. The aim of such an order is to give a party fair and reasonable
time to adjust to separation and end their financial dependence.
(h) Pension Sharing Order
The court issues an order against a party’s pension rights.
The judge at the final hearing will not be the same as the one who
presided over Financial Dispute Resolution.
Note also that except for maintenance pending suit and/or
periodical payments for a child (see above), financial orders
cannot be granted until the decree
nisi is pronounced. And the orders cannot come into force until
nisi has been made absolute.
- Divorce 101: Overview Of Financial Issues – England &
- Divorce 101: A Separation Agreement – England, Wales,
& Northern Ireland (#28)
- Divorce 101: Ancillary Relief – Part 1 – England &
- Divorce 101: Ancillary Relief – Part 2 – England &
- Divorce 101: Maintenance Pending Suit – England &
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