Since discharge procedures can be extremely complex, it is strongly recommended that you consult independently with an experienced lawyer such as Austin Kemp before seeking a subsidiary action in court. Any party that separates from a divorce or life partnership can apply for subsidiary action. You may be looking for your ex`s financial pension through the maintenance of your spouse. Otherwise, you may want to reduce all financial commitments and get a clean break. When agreements are reached on the finances of the divorce, they are embodied in a court order, called the approval decision. What financial orders can a court make at the request of a subsidiary action? Under English law, an application for financial relief after an application for divorce, nullity or jurisdiction has been qualified as assistance. The term was born because the financial request was “incidental” to the petition. However, this term was rejected by the 2010 Family Procedure Code, which replaced it with the term “financial claim.” Normally, a good divorce lawyer should work with you and your spouse to find an out-of-court settlement. However, this is not always possible and, in some cases, it may be the only way to apply to the court for an alternative action. Sometimes you can reach an agreement directly with your spouse/civil partner.
If this is the case, you can order a lawyer to design a marriage pact for you. This is a contract between you that details the terms of the financial separation of the marriage. Your spouse/civil partner needs separate legal advice and you both need to make full and open disclosure of your assets and commitments to ensure that the agreement is binding. The agreement may be submitted to the court at the time of your hearing under the “decree nisi” and the court can make it a “rule of jurisdiction. ” This means that it is approved by the court and that a violation of the agreement could lead to a non-compliance with a court decision. If your nisi decree has already been enacted, then you can (although there is no requirement to) ask the court by way of subpoena that it has the consent to review and make a judicial proceeding. In addition to the divorce proceedings themselves, the distribution of finances will also have to be dealt with. In some cases, both parties are able to agree either with each other or with the help of a mediator (or through another method, such as collaborative law).
B). That`s not a good idea. No agreement is binding unless it is filed in court and sealed by a judge during the divorce. It depends on the complexity of the problems and the distance between the parties to reach an agreement. In the absence of a financial injunction, it is open to both parties to file an alternative action application at any time in the future. Marriage contracts can be faster and cheaper than aid measures, but this depends heavily on good cooperation between you and your spouse/civil partner. If one of you is unrealistic or unreasonable, which you hope, it may be better to take help. You do not have the option of forcing your spouse/civil partner to cooperate or discovering his property during discussions on a marital agreement.