Ancillary Relief and Financial Orders Handbook is the new edition of the well established 'ancillary Relief Handbook', which has been thoroughly revised to take account of the new Procedure Rules 2010.

Established as the first resort for thousands of matrimonial lawyers, this work combines clear explanation of the legal principles governing financial provision upon divorce, with straightforward advice on practice and procedure.

This eighth edition has been thoroughly revised to take account of the regime under the Family Procedure Rules 2010 and contains detailed analysis of all relevant case law developments, including practical guidance as to how these developments should be applied. This is the essential reference work for the busy family lawyer.

To view an extract of Ancillary Relief and Financial Orders Handbook click here

Roger Bird former District Judge, Bristol Civil Justice Centre and Bath County Court
Andy King District Judge, Bristol Civil Justice Centre and Bath County Court

To read the full contents of Ancillary Relief and Financial Orders Handbook click here

• Introduction to Financial Remedies
• Periodical payments
• Secured periodical payments
• Lump sum orders
• Transfer of property orders and housing needs
• Settlement of property orders and variation of settlements
• Orders for sale
• Avoidance of disposition and other injunctions
• Consent orders
• Pensions
• Children
• Insolvency and rights of creditors
• Variation
• Miscellaneous applications
• Financial relief after overseas divorce
• Procedure
• Costs
• Appeals and setting aside
• Enforcement
• The impact of the Human Rights Act 1998
• The proceeds of Crime Act 2002
• Future developments
• A summing up
• Appendices

“This title has deservedly become a standard reference text within the profession; this latest edition (7th edition) ensures the title will remain as relevant as ever it was”
Family Law

"a masterly review of a complex subject matter ... explains with clarity the salient issues ... guaranteed to give information and reassurance whenever the family practitioner needs it"
Margaret McDonald Daw, Senior Lecturer in Law and Practising Solicitor, School of Law, The Manchester Metropolitan University

"The author writes with authority and academic excellence ... full of useful guidance ... practitioners and law students will find this a useful and readable work, and a very helpful addition to their reference library"
Solicitors Journal

"a book such as this is greatly needed"
The Legal Executive Journal

"does exactly what it clearly sets out to do ... provides a handbook of readily digestible chapters on all aspects of ancillary relief ... a welcome addition to any family practitioner's library"
New Law Journal

"an authorative and concise reference book, with clear supporting material"
ALC Newsletter

"Roger Bird's Ancillary Relief Handbook is the compact Swiss Army knife for sorting out matrimonial finance on divorce... ought to be in the armoury of any ancillary relief practitioner... Don't go to your client or to court without it."
Family Law Journal

"user friendly... an authoritative and concise exposition... with plenty of supporting material, creating a readable and practical reference book"
Association of Lawyers for Children

"already well established as a first resort for thousands of matrimonial lawyers, this new edition is certain to continue that tradition"
Childright

“a useful and compact guide for the daily intricacies of ancillary relief … an excellent guide for a newly qualified practitioner and will provide a valuable aide-memoire for the more experienced lawyer”
Family Law

It is more than a decade since I was privileged to write a foreword to the first
edition of Roger Bird’s invaluable Handbook.

In the concluding paragraph I forecast that significant changes in law and
practice were imminent. The foundation for that speculation was Mr Hoon’s
announcement in February 1998 at the SFLA Conference that the Government
intended to reform the law governing ancillary relief as a matter of high
priority.

In July 1998 the Lord Chancellor’s Ancillary Relief Advisory Group had
delivered its report on the options for reform. In the very month that I wrote
the foreword, positive proposals for reform were put out for public
consultation in the White Paper, Supporting Families. Surely then, I was
entitled to be confident in predicting imminent change. However, as all
speculators know there are no certainties. This Government’s enthusiasm for
reform withered and died. The law has not changed. It is the judges who have
been responsible for the evolution of the law, taking advantage of the flexibility
given by section 25.

My final prediction was that the Ancillary Relief Handbook would be a
demanding creation. That prediction was, at least, secure. Over the intervening
years Roger has scrutinised the considerable developments in practice and the
landmark judgments in the House of Lords, and to some extent, in our court.
Roger’s survey of the ever-changing scene is not just completely dependable but
also enlightened by an insight derived from his natural wit and his experience
of the evolutionary history to which he has made such a rich contribution as
judge, teacher and reformer.

The Rt Hon Lord Justice Thorpe
June 2009

Chapter 16

Procedure
Introduction

16.1

The rules governing applications for a financial order (which is the terminology now used for applications which were formerly known as ancillary relief) are set out in the Family Procedure Rules 2010 (FPR 2010), which came into force on 6 April 2011.
Although the FPR 2010 make substantial amendments to the rules and practice dealing with many aspects of family proceedings, the provisions relating to applications for financial orders have not changed significantly from the ancillary relief procedural rules which had applied under the old regime.
The new provisions are set out in Part 9 of the FPR 2010 but will be familiar to practitioners who have worked under the ancillary relief procedure which has been in operation since 2000 (when substantial reforms were introduced following a pilot scheme which was in place in a number of courts around the country). The new rules follow a style similar to the Civil Procedure Rules 1998 (CPR) and at their heart have the overriding objective which is set out in Part 1 of the rules. In addition to considering the specific provisions for financial orders set out in Part 9 of the rules, the practitioner will also need to be familiar with other aspects of the new rules which apply to all family proceedings (including those for financial orders) such as the provisions relating to experts, costs, evidence (including the provisions relating to statements of truth) and the courts general case management powers.