Divorce 101: Ancillary Relief – Part 3 – England & Wales (#32)

Divorce 101: Ancillary Relief – Part 3 – England & Wales (#32)

No. 32- Ancillary Relief – Part 3 – England & Wales

Final hearing

At the final hearing, the judge has the power to issue any of the following

  1. 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).

  2. Court-Imposed Orders
  3. 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 .

(c) Secured Periodical
Payment Order

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 .  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

Note also that except for and/or
periodical payments for a child (see above), financial orders
cannot be granted until the decree
is pronounced.  And the orders cannot come into force until
the decree
nisi has been made absolute


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