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You can apply to the Court for what is known as Ancillary Relief if you want to resolve financial issues between you and your spouse. In order to proceed you will need to complete a form A, which you can obtain from the Court. This form will ask you what Orders you wish to apply for.
What financial orders can be applied for?
Set out below there is a brief explanation in relation to the Orders listed on the second from last page of the Divorce Petition: -
Orders for a spouse
Maintenance Pending Suit
This is an Order for regular payments designed to assist a spouse temporaily until the divorce is determined. This is an interim measure only.
Periodical Payments Order
This is a maintenance order for the benefit of a spouse which takes the form of weekly or monthly sums being paid from one spouse to the other.
Secured Provision Order
A party can request that the other party be ordered to secure maintenance. This is achieved by charging an asset that produces an income to ensure the maintenance is paid, e.g. shares that provide dividends or premises that have been let and have a rental income.
Lump Sum Order
You are only entitled to apply for one lump sum Order and this is to apply for a lump sum of money to be paid by one spouse to the other.
Property Adjustment Order
This is to re-distribute family property between the parties. The Court may do so by ordering that the property is transferred or held on trust
Orders for the Children
The Orders are ultimately the same as that which a spouse can apply for, except that if you are wishing to apply for maintenance in relation to the children borne of you and your spouse, you would have to make an application for Child Maintenance through the Child Support Agency as the Court cannot make an Order for child maintenance in your case. If you have a stepchild or stepchildren or the following applies in relation to the children borne of you and your spouse; you can make an application to the Court for: -
1) maintenance where either the child or the person with care of the child or the absent parent of the child is not habitually resident in the UK;
2) maintenance in addition to Child Support payable under the Child Support Agency calculation;
3) maintenance to meet expenses arising from a child’s disability
4) maintenance to meet expenses incurred by a child in educational training for work;
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