July 31, 2025

Ancillary Reliefs in Divorce: How To Ask The Court?

by Ekosolicitors

INTRODUCTION TO ANCILLARY RELIEFS IN DIVORCE PROCEEDINGS

When a marriage breaks down and parties decide to end it through a statutory divorce, the primary goal of the divorce petition is the dissolution of the marriage itself. However, beyond just ending the marriage, there are often crucial financial and welfare matters that need to be resolved.

What then are Ancillary reliefs?

Ancillary reliefs refers to additional court orders or remedies granted in conjunction with a main court order, often in family law or matrimonial cases. These additional requests, which orders, address related issues, such as: financial support (maintenance), property division and settlement, child custody / access and child support.

What Are the Main Types of Ancillary Reliefs in Divorce Proceedings That Can Be Granted?

The court has broad powers to make various orders to achieve a fair outcome. The most common types of ancillary reliefs in divorce includes:

1. Maintenance Order (Spousal and Child Maintenance)

These orders provide financial support for a spouse or children after the divorce. The court can order one spouse to make regular payments (monthly or weekly) to the other to help them maintain a reasonable standard of living, especially if one spouse has a significantly lower earning capacity or was financially dependent during the marriage.

The court can also order one or both parents to contribute financially to the welfare and upbringing of their children. This covers expenses like food, clothing, education, and healthcare.

2. Custody

One of the ancillary reliefs the court can make alongside dissolution of a marriage is the custody of the children of the marriage. The court will make orders as to who the child/children will live with, who has the right to make decisions about the child’s upbringing, arrangement for access or visitation rights.

In making this order, the court considers the best interest of the child

2. Settlement or Transfer of Property Orders

These orders deal with how jointly owned properties or properties acquired during the marriage are to be divided and transferred.

The court can order the transfer of ownership of a house from one spouse to another, or from joint names into one spouse’s sole name. It can also order the sale of a property and the division of the proceeds.

3. Lump Sum Payments

This involves a one-off payment of a specific amount of money from one spouse to the other.

The court may order this to compensate a spouse for non-financial contributions to the family, such as homemaking, childcare, or supporting the other’s career.

A lump sum can be paid all at once or in agreed-upon installments.

3. Pension Sharing Orders (Often Omitted but Important)

This is a vital but often overlooked aspect of ancillary relief. It allows the court to divide pension rights accumulated by either spouse during the marriage.

A portion of one spouse’s pension fund can be transferred to the other spouse to create a separate pension fund for them or to augment an existing one. This is crucial because pensions can be one of the largest assets accumulated during a long marriage.

What Factors Does the Court Consider When Granting Ancillary Relief?

The court exercises wide discretion in making ancillary relief orders in divorce proceedings. That is, it examines each case individually to achieve a fair outcome. Sections 70-73 of the Matrimonial Causes Act outline the key factors the court considers before granting these reliefs. They are::

The means and earning capacity of the party, including income, assets, and potential to earn, of both parties.
The present and future financial needs and responsibilities of each party and any children, including housing, living expenses, and childcare costs.
The standard of living enjoyed by the family before the marriage broke down.
The financial and non-financial contribution to the welfare of the family. This includes contributions like homemaking, childcare, and supporting the other spouse’s career.
The loss of any benefits (like pension rights) that a party might lose due to the divorce.
The welfare of the children which is the paramount consideration for the court is always the welfare of any children of the marriage.

Exceptions to the Granting of Ancillary Reliefs in Divorce

While courts have significant power, there are circumstances where they may refuse or be unable to grant ancillary relief:

Invalid Marriage (Void Ab Initio): Ancillary relief orders are only applicable to parties in a legally valid marriage. If the marriage is found to be invalid from the very beginning, the court cannot grant ancillary relief because legally, no marriage ever existed. In such cases, other legal avenues (like trust law) might be pursued for property division.

Lack of Application: The court cannot grant a relief that has not been specifically requested by one of the parties in their petition or a subsequent application. As the court is not a Father Christmas, parties must formally apply for ancillary relief for the court to consider it.

Non-Disclosure of Assets: Full and frank financial disclosure by both parties is fundamental in ancillary relief proceedings. If a party deliberately hides or fails to disclose assets, the court may penalize them. The court might refuse relief, infer negatively, or set aside prior orders.

CONCLUSION.

In conclusion, ancillary reliefs in divorce proceedings critically address the financial, welfare, and even custody aspects of a marital breakdown, thereby ensuring fair and equitable outcomes.

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