Divorce is a layered process. 

Once the couple intimates the court of their separation, the ancillary affairs begin.

Ancillary matters include child custody, maintenance of the children, and distribution of assets.

It starts in the second stage of divorce, followed by the interim judgment.

Given the sensitive nature of the process, you might need all the help you can get.

The Process

Family court gets involved in the settlements if the couple fails to reach a consensus on their own.

They generally advise mediation as it saves time and money for the court.

Depending on the session outcomes, there can be two approaches to settling ancillary matters –

Approach 1.

The couples get in touch with a Family Justice Court-appointed counselor or the Family Resolutions Chambers.

A Draft Consent Order seals the agreement when signed by both parties. The case adjourns at the Consent Ancillary Matters Hearing.

Approach 2.

Suppose the mediation sessions fail, the couple files an affidavit to the court. They disclose their assets and means.

The distribution takes place at the Contested Ancillary Matters Hearing.

Now, where does a lawyer help?

If you have a good lawyer, you have the upper hand in the negotiations. It is best to hire a lawyer even if you want to settle your divorce amicably.

Here are the significant ancillary matters where legal assistance can be critical –

• Custody: The decision on child custody is based on their education, their preferred religion, and the nature of medical attention they require and from whom. Since the Women’s Charter does not clearly define “Custody,” the court decides by evaluating the child’s best interest. If they deem it necessary, they can split custody between the two parents. However, one parent acts as the primary caregiver.
• Visitation: The non-custodial parent is entitled to scheduled visits and periodic custody by the court. The decision also depends on the child’s wellbeing. If necessary, the court can allow supervised access if the non-custodian is unfit or unstable.
• Marital assets: The purchaser does not always become the proprietor after divorce. The division follows Section 112 of the Women’s Charter. Lawyers can anticipate the distribution based on efforts and time either that went into each asset.
• Maintenance: It includes the responsibilities either spouse holds after divorce. Children must receive financial support and education. Care also provides coverage for a dependant spouse.

Hence, lawyers can help you navigate your options and settle matters on your behalf. They also ensure you are fairly treated or have your rights denied.

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