When a marriage comes to an end as a result of divorce proceedings the
court has the power to make financial orders, referred to as ancillary
relief orders, which will determine how the assets of the marriage are
to be divided between the parties.
However the court does not automatically involves itself
in the financial issues.
As members of Resolution, Maddersons family law team will try to resolve
financial issues through negotiation, conciliation or possible mediation.
This is intended to achieve the best result for both parties and to keep
costs to a minimum. If financial issues are agreed in one of these ways
an agreed order can then be prepared and submitted to the court for approval.
In these circumstances it is not usual for the parties to have to attend
before the court.
In circumstances where it is not possible to reach an
agreed settlement then recourse can be made to the court system. Once
formal court proceedings are commenced by the filing of a Form A the court
then takes control of the timetable that must be followed by both parties,
sets out what documentation must be produced and made available to the
other party, and if a negotiated settlement cannot be reached during the
course of the proceedings, will ultimate come to a final decision which
will be binding on both parties. If formal proceedings are commenced then
it will be necessary for both parties to attend before the court, regardless
of which spouse made the original application to the court.
The main orders that the court can make in ancillary
relief proceedings are for maintenance, lump sum orders, property adjustment
orders and pension sharing orders.
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