The part of your divorce that deals with a financial settlement is called Ancillary Relief and includes the division of assets, pensions and maintenance. When dealing with this part of your divorce consider the following points:

  • You should be honest when declaring your assets and financial information and ensure that you include everything, including details of your pension
  • Contact and residency of the children should be dealt with separately from financial provision. Do not be tempted to use your children as a bargaining tool when attempting to reach a financial agreement
  • It is always better to try and reach an agreement amicably with your spouse or through mediation. Going to court can be costly and court rulings are unpredictable as the law allows for the court to exercise discretion when dealing with ancillary relief
  • If you go to court they will take into account the welfare of any children, the length of the marriage, the standard of living of the family before the separation and any disadvantages to either spouse following the separation. They may also consider the circumstances of the divorce, particularly where they feel that one spouse has wronged the other
  • The law on pensions has changed and one spouse may claim part of the other's pension. For further information see our Financial section on Pensions For information on court costs and legal fees including Legal Aid click here