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Either party files notice claiming Ancillary
Relief using Form A - that
party is known as the Applicant
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Upon receipt Court fixes first appointment
and serves notice to both parties
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Interim Orders may be made if
either party needs financial assistance prior to the
final hearing
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Form E is filed
at least 35 days before first appointment. Statements
of property and income are exchanged to which are attached
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Property valuations
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Mortgage statements
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Values of insurance policies
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Last 12m bank statements
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Last 2 years business accounts
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Pension valuations
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Last 3 payslips and P60
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Any other useful information
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14 days before first appointment both parties must
file and serve:
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Both parties must produce a first Costs
Estimate immediately before the first appointment
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First Appointment
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Aims to identify relevant issues in dispute
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Documents considered and requests for further information,
clarification, evidence etc required to make a decision
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FDR date set if appropriate or date for further
directions
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District Judge has power to make interim orders,
treat appointment as FDR etc
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Financial Dispute Resolution (FDR)
aims to help parties reach agreement - if so the
Judge may make appropriate consent order. If not final
hearing date is set
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Before Final Hearing both parties file
and serve statement of open proposals explaining
what they think the best solution is as well as comply
with any directions from the FDR
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At the Final Hearing the issues
will be considered and a Court Order made. This will
include one or a combination of the following:
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Lump sum payment from one party to the other
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Lump sum payment for the benefit of any children
(more unusual)
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a periodical payments order to the other party
for as long as the Court decides (maintenance)
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Make a periodical payments order for the benefit
of any children (child maintenance) - this is only
if the matter is agreed. If not the Child Support
Agency must deal with the matter except in certain
circumstances ie a very high earner/resident outside
the UK
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Transfer property from one spouse to another
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Sell property ie the marital home, shares etc
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Share a pension fund
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