Ancillary relief deals with matters of maintenance between parties and or children of a marriage in a matrimonial cause. In accordance with section 26 of the Matrimonial Causes Act 1973, it is stated that, where a petition for divorce, nullity of marriage or judicial separation has been presented, then, subject to the rules of court, proceedings for maintenance pending suit under section 22 of the Matrimonial Causes Act 1973, for a financial provision order under section 23 of same law, or for a property adjustment order may be begun, subject to and in accordance with rules of court, at any time after the presentation of the petition.
Rules of court may provide in such cases as may be prescribed by the rules;
- That applications for any such relief shall be made in the petition or answer, and
- That applications for any such relief which are not so made, or are not made until after the expiration of such period following the presentation of the petition or filing of the answer as may be so prescribed, shall be made only with the leave of the court.