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Recieved Certificate of entitlement to a dcree - costs issue

(11 Posts)
unsurewhathappened Tue 28-Jun-16 12:56:19

and it says on it "an order that the respondent pays the costs of the petitioner"

The Petitioner agreed via email not pursue costs, what happens if i write to the court withdrawing my consent?

Familylawsolicitor Thu 30-Jun-16 22:34:40

Are you the petitioner or respondent ?

traviata Fri 01-Jul-16 09:32:06

send the court a copy of the email and ask the court to vary the order, and go to the decree nisi hearing and ask for a different costs order then.

(this is the only reason to attend the Decree Nisi hearing, unless you are opposing the divorce itself).

unsurewhathappened Fri 01-Jul-16 10:42:09

I am the respondent, i agreed to the divorce as long as he paid the fee which he already has. We have done the divorce ourselves with no solicitors.

The actual wording on certificate of entitlement to a decree

"an order that the respondent pays the costs of the petitioner such costs to be assessed if not agreed"

The court is a four hour train ride from where i am, so would like to avoid that if i can.

traviata Fri 01-Jul-16 10:46:28

send a copy of the email where the petitioner agreed to not claim costs, with a request that the costs order is overturned or that the costs are assessed at zero, and explain that it would be 4 hours travel for you to attend the court.

unsurewhathappened Fri 01-Jul-16 10:55:21

Thanks i will get that in the post today.

user1465823522 Fri 01-Jul-16 11:14:52

generally anyone getting divorced will ask for costs to be paid as part of their petition.

It doesn't[ matter what you agreed between yourselves.

You need to talk to your solicitor.

traviata Fri 01-Jul-16 12:47:54

No, it does matter what you have agreed between yourselves. Agreements are to be honoured in family law, and the court will uphold it.

and OP said they do not have solicitors.

Collaborate Sat 02-Jul-16 08:09:36

When the petitioner applied for nisi they will have had to tick the box if they wanted an order for costs. The judge will not have known about your agreement unless you indicated in the acknowledgment form that they had agreed not to claim costs.

I agree that you should send the evidence to court, but make sure a judge looks at it before nice is pronounced, as it could feasibly slip though the net and you end up with an order for costs against you. Get your spouse to email the court as well to confirm their agreement.

unsurewhathappened Sat 02-Jul-16 08:59:48

Thank you collaborate, you have confirmed exactly what i thought had happened. My ex is playing games again.

I posted the email to the court yesterday and i wrote on my acknowledgement form that he had agreed to pay the costs for me to consent to the divorce.

I will ask him today to email them to.

Collaborate Sat 02-Jul-16 09:38:54

Probably not playing games. More likely an innocent mistake.

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