Advice for claim for financial relief Essay Example | Topics and Well Written Essays - 1750 words

Advice for claim for financial relief - Essay Example In this context of transferring assets to other person, the shared property may include lands and buildings which can be considered as one of the most usual subjects of the order. However, in various cases it can also observed that the financial investments are further included within the transferring process1. Based on this context, the report intends to develop a financial claim which provides an equal distribution of properties including houses and investments of a married couple, Megan and Hugh. Therefore, the discussion of the report will focus towards developing the financial claim which will be incorporated necessary elements including law, property claiming act along with other major concerns. Case Overview According to the case, it can be observed that Megan and Hugh agreed to mutually separate from each other due to personal conflicts based on adultery issues. As noted by Megan, it can be observed that she wants divorce from Hugh on the grounds of adultery allegations, afte r discovering that Hugh has been engaged in an affair for a year with one of her friends. It has been since then that the duo had been conflicting upon sharing the property and other savings and investments including, land and houses and other assets. In this context, Megan wanted to be separated from Hugh and proceed to split the property with an equal distribution among both. In relation to sharing the properties, Hugh has however refused to share investments and pensions to Megan. Although Hugh has agreed to pay child maintenance charged allowing the children to stay with their mother, he has confirmed to be unwilling to pay the maintenance amount for Megan affirming that she should be working as she had already planned after the birth of their first child when resigning from her last job. Legal Concerns In the context of the policy constitute in the UK family law act, a person can make legal application to the Court for orders in order to mitigate issues concerning financial fac tors including division of property and assets, valuation of houses and buildings along with other investment, pension as well as maintenance related issues. From the perspective of the case of Megan and Hugh, the particular application can be identified to be associated with divorce proceedings which are generally considered as Ancillary Relief (AR) Proceedings2. In the context of divorce or property separation, assets owned by the spouses can be defined as the matrimonial assets which are separated in an effective way in order to signify a fair judgement for both the parties benefitting the duo equally. With this concern, the court can enforce an order if the spouses are observed to be unable to make any agreement for their AR Proceedings. The considerable factors that shall be undertaken by the court can be identified in terms of marriage duration, age of the spouses, financial resources of each individual along with their income levels and future probable obligations3. It is in this context that needs concerning the custody of any children is also referred as a considerable factor for the court to render judgement in the case of AR proceedings between the spouses4. Recommendations According to the legal guidelines of the UK family law, either wife or husband can legally apply for AR Proceedings which can be formed to commence divorce agreement among the duo. In general, a hearing process considering all types of claims and applications are to be followed by both the parties, at the same time by the court as well. With this regard, it becomes an important and preferable