Disclaimer
These guides do not in any way represent legal advice.
All guides are produced as a 'layperson' and 'informed friend'.
 
  Our Ancillary Relief Guide  
 
 
 
 
 
 
Do I need a lawyer
 
for Ancillary Relief?
 
 
 
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Having a lawyer is of course personal choice, if you can afford one, and in some cases people can get funding through legal aid. However, we argue that there are a number of key reasons why, in the vast majority of cases, there is absolutely no advantage or need to pay for a lawyer:

1) The issues in family practice are predominantly not legal ones. They are about fair and common sense outcomes to adult disputes with the needs of children being paramount. You don't need to know any law.

2) The system is based on a foundation of access to justice and fairness to both parties, irrespective of the ability to afford a lawyer.

3) McKenzie Friends, on the basis of sensible, informed understanding of the issues involved, at low cost, can help their clients with the documentation and guide them to accepting, fair, balanced outcomes, so avoiding destructive, time-consuming conflict.

The majority of clients come to us for support with:

a) A matrimonal house with equity and at a times a second property.

b) Either both or one party having pension.

c) Savings or liabilites.

d) Children.

e) Employed / Self Employed or taken time out to raise the children.

We assist people to step back from the emotional arguments and acrimony and based on needs and fairness, with the interests of any children as paramount come up with sensible and realistic settlements on :

  • Should the house be sold or not?
  • If so, what is a reasonable equity split?
  • If not, should it be transferred OR consideration for a MESHER ORDER?
  • Is spousal maintenace required and if so for how long?
  • What should happen to savings or liabilities?
  • How should pensions be shared or transferred?
  • What is a persons reasonable earning capacity?