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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

Message withdrawn at poster's request.

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

Message withdrawn at poster's request.

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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