Divorce is one of the most stressful times in any person's life. A divorce solicitor must be sensitive to this fact when dealing with any divorce case, and particularly in relation to the division of the matrimonial assets.

All parties must bear in mind the overriding objective to ensure that all claims are resolved as quickly as possible, without costs being unreasonably incurred.

Many people view issuing an application at court to resolve finances between parties, known as an application for ancillary relief, to be an overtly aggressive tactic.

The Law Society produces the Family Law Protocol, which is a guide to solicitors when conducting any matrimonial matter. This states that the principle of proportionality must be borne in mind at all times. Namely, it is unacceptable for the costs of any case to be disproportionate to the financial value of the subject matter of the dispute.

There is sometimes an advantage in preparing disclosure of financial matters before proceedings are commenced. Certainly, an application should never be issued when there is a reasonable prospect of a settlement. Similarly, all solicitors should consider at an earlier stage whether or not mediation is appropriate.

However, clients should not be concerned if they are advised to issue ancillary relief proceedings. It is a way of fixing a court timetable, controlling disclosure and avoiding uncontrolled expenditure and delay. Therefore, issuing an application for ancillary relief to the court should not be regarded as either a hostile step or a last resort.

For further information or for advice on divorce, please contact us on 01325 466461

BACK