Advanced search

Out of pocket?

(4 Posts)
Deardinah Sat 09-Apr-16 20:54:04

My husband left for another woman, admitted adultery, I sought solicitors advice to begin divorce proceedings Oct 2014, I was told since he'd admitted fault he'd be liable to pay for the divorce (I'd have to pay for my part of the financial order) March 2016, finally divorced. I've forked out almost £2.5k
All we had was a house to try (unsuccessfully so far) to sell & child maintenance payments to secure.
I've recieved a final bill from my solicitor for £220, no mention of recouping any money from ex for the actual divorce aspect.
Was I misinformed? I'm reluctant to go back to her for fear of it costing me another £100!
I'm feeling very much out of pocket here, ex owned another 3 properties which I didn't bother to vouch any interest in, all I wanted was my money back for the deposit on our own marital home (which I'm unlikely to get as can't sell house & there's very little equity anyway).
I wanted divorce as quickly & painlessly as possible & was expecting since the whole mess was down to him he'd at least be expected to stump up the £600+ fee for our divorce.
I'm happy in a new relationship but financially struggling, renting, he left me when I was financially unstable on maternity leave, & had to go back to just part time work due to having young baby so haven't been able to recover.

Cabrinha Tue 12-Apr-16 08:04:27

Is it in your consent order than he pays you back the divorce application fee?

How were you expecting to get your house deposit back if there's little equity in the house? Is there more equity than you're owed back?

Deardinah Tue 12-Apr-16 16:04:28

The consent order says 'applicant & respondent shall each bear their own costs insofar as this application and the negotiations ancillary thereto are concerned'
When I first visited the solicitor she said he would be liable to pay about £600 for the divorce but the financials (which I assumed was this consent order) would be payable by me.
I stumped up the deposit on the house, the mortgage was an interest only so we still owe what we took out on it. Trying to sell it for an extra £15k, the deposit I paid was £20k 8 years ago. We've spent a lot doing it up nice but no one is interested.

Cabrinha Tue 12-Apr-16 22:37:33

Do the 3 other properties have any equity in them?
Were they included in the submission with your consent order?
I'm surprised (if there was equity) that your consent order was accepted.

The court usually orders the respondent to pay the costs (currently £550) - did you request that order? (I think it's a tick box on the initial petition)
If so, to avoid asking your solicitor, can you call the clerk of the court and ask what the next step is if your XH refuses to pay? Have you actually just told him yet "I have the court order for costs, you need to pay me £550, as ordered by the court"?

Join the discussion

Join the discussion

Registering is free, easy, and means you can join in the discussion, get discounts, win prizes and lots more.

Register now