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Seeking costs in divorce, do I pay up front then get it back?

(11 Posts)
FannyBazaar Mon 28-Jan-13 23:42:06

I am in the middle of a divorce. STBX is not cooperating and doing nothing to expedite proceedings, he's not in disagreement, just not doing anything at all, not responding. I started off trying to self rep but I reached the point where it became too complicated so have now handed over to a solicitor.

I am seeking costs from STBX, originally it was to be either split or he had agreed costs but then he didn't do anything.

I have now received a request from the solicitor to settle for the work to date and pay more for coming work.

Is this normal that I have to pay up front and then try to get the costs paid by STBX after?

Collaborate Tue 29-Jan-13 01:24:23

This is normal. You have asked them to do the work, so you should pay. If you recover it from the other side, that's a bonus for you.

FannyBazaar Tue 29-Jan-13 07:32:47

Thanks, I did assume I paid a bit up front and the bill at the end paid by STBX, should have checked that before.

babybarrister Tue 29-Jan-13 07:39:38

You need to be clear that there is no guarantee of getting your costs back from other side. The contract with solicitor is in your name not his and they will pursue you not him if it is not paidsmile

MOSagain Tue 29-Jan-13 08:17:19

agree with the others. You have to look at it as a bonus if he pays as they don't always, despite being ordered to. Good luck

digerd Tue 29-Jan-13 18:25:19

Why is there no enforcement for these "orders"?

babybarrister Tue 29-Jan-13 18:41:25

It is not a question of enforcement of orders. It is a question of the costs regime which makes it virtually impossible to get a costs order

Collaborate Tue 29-Jan-13 19:11:17

The cost of representation to enforce a costs order are largely irrecoverable from the defaulting party, making it uneconomic to enforce costs orders for relatively small amounts. I personally prefer warrants of execution (AKA getting the bailiffs in).

digerd Tue 29-Jan-13 19:30:46

Ah yes, the intrepid, tenacious Bailiffs is the best course of action.
Are Civil court Judgements enforcebale, with ever increasing and continous enforcement fines paid to the Plaintiff/defaultee(ed) as in Germany?

digerd Tue 29-Jan-13 19:32:57

And the Defaultee pays all the costs, including solicitors costs.

digerd Tue 29-Jan-13 19:34:46

opps " Defaulter"

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