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Divorce costs

(12 Posts)
moomooland01 Wed 13-May-15 20:44:22

Divorce costs have been ordered for the ex to pay. In order to retrieve these do I need to go back to court to get a CCJ?

Collaborate Wed 13-May-15 23:56:42

If you are self repping you can only reclaim court costs. Write to the court and ask that an order be made that he pays you a sum equal to your costs. Don't forget to add on a fee for decree absolute. That is your judgment. You don't need a CCJ.

It's different if you have a solicitor. I assume you haven't, otherwise they'd be telling you what you need to get done.

moomooland01 Thu 14-May-15 00:11:18

Thanks. No solicitors costs?
I had one. Don't now. Cheaper to try and re-coup myself.

Collaborate Thu 14-May-15 00:26:36

To reclaim solicitors costs you need to either draw up a bill in a prescribed format and have a judge assess it, or ask the judge to assess your costs to include solicitors costs when you ask for your court fees as well. You may have to instruct a costs draftsman. The procedure is complicated and tortuous .

moomooland01 Thu 14-May-15 08:25:53

Thank you. Not really worth it for the sake of a grand then?
I have invoices from my solicitor would they do?

Collaborate Thu 14-May-15 09:14:29

They might, although if some of that advice was about divorce finances that won't be covered. It would be worthwhile writing to the judge to ask that your costs be summarily assessed. This means that you wouldn't have to go through all that rigmarole, but the judge may require you to get the bill properly drawn up and assessed. You'd have to fill in this form, and send a copy to your ex.
www.justice.gov.uk/courts/procedure-rules/civil/contents/form_section_images/pre-action_protocol/housing_disrepair_pdf_eps/prot_house_anx_f.pdf

worridmum Fri 15-May-15 00:38:33

Just be careful of not trying to charge excessive legal costs to your EX my brother had a costs order agaisnt him the his EX tried to make him £20,000 in legal fees and the judge agreed with my brother and set the maxium he should pay was £1500 (it wasnt even a messy divorce she just went to most expesive soilocter she could find to futher punish my brother the standard fee was £500 an hour no joke)

opps sorry just read your updates with only a grand the judge is likely to award the full amount and Collaborate has given you the advice to avoid the most expesive bits

Collaborate Fri 15-May-15 08:14:27

The form I linked to above, btw, is for if you want your costs summarily assessed (the quick way).

moomooland01 Fri 15-May-15 11:39:06

Thank you. I'm still confused.
Do I just write and ask for my costs to be paid?
It's only for the actual divorce and the solicitor who managed it.

Collaborate Fri 15-May-15 11:46:56

No. Unless there's a court order saying how much he's got to pay, you need to ask that the costs he's got to pay be quantified. Fill in the schedule, make sure you include things like court fees, and send it to court. Send a copy to your ex, and let the court know you've done that. Ask that the letter be put before the judge, and say you want the judge to summarily assess costs. The judge will probably list it for a short hearing.

moomooland01 Fri 15-May-15 13:45:50

Brill! Thank you.
Is there a fee involved to submit the form?

Collaborate Fri 15-May-15 14:59:40

Might be. Send it in without and they'll soon let you know if it attracts a fee.

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