The financial arrangements

The petitioner makes claims for ancillary relief (financial relief) in the prayer of the petition.

In order to proceed with those claims, if no agreement has been reached between the parties, the petitioner must serve a notice of intention to proceed and lodge this, together with an affidavit of means in support of the financial application, at the court. The affidavit of means must give a full and detailed picture of the petitioner's financial position, and as much of the respondent's financial position as is known to the petitioner. Advice Guide is a useful online resource

A copy of the affidavit and notice of intention to proceed is served upon the respondent who has 14 days in which to serve an affidavit of means upon the petitioner in reply. In this, the respondent must set out his or her true financial position; he or she is free to comment on any statement made in the petitioner's affidavit.

The court requires a full disclosure of the true financial position from both parties.

Failure to provide this can, in some circumstances, lead to the re-opening of a final financial settlement with the resulting legal expense and possible increase in the amount ordered to be paid by one party to the other. Furthermore, failure to disclose fully one's financial position can lead to delays and acrimony.

As a guideline, your affidavit of means should cover the following matters.

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The financial arrangements - Income

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