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divorce fees from him in bangland

(7 Posts)
Unlikelyamazonian Fri 25-Sep-09 08:25:55

I asked this question under legal matters I think but can't find the thread so hope you don't mind me asking here.

I get the decree Nisi from arsewipe on 30th Septmeber. The judge has ordered that xh pays the fees 'incurred in this matter.' H didn't respond to the petition, just acknowledged it, and has not been in contact with my solicitor since (he is in thailand)

I have two questions:
1. Does the Order mean all costs including my sol's costs, or s it just court fees?

2. More importantly, obviously h just won't pay up so will I have to pay for it all anyway?

I have already given my sol about £1,400 but the bigger bill is yet to come (don't know how much but well over that - may be five grand? that's a total guess)

If h just doesn't pay up (and there is no way of extracting money from his account as nobody knows what it is and anyway he is living in thailand as I said) what happens?

Any ideas?

sad

gettingagrip Fri 25-Sep-09 08:55:35

Hi UA

no idea about this really, but if I am owed money by customers, I can go to small claims court (?)not sure of name has it changed? And sue them through that.

If they don't pay they then have a court judgement against them. This may be your best route through really.

xxxxx

gettingagrip Fri 25-Sep-09 08:57:16

And just to say, it's a very easy process, in fact I think you can do it online now.

xxxx

mathanxiety Sat 26-Sep-09 08:12:16

Can you get his salary garnished, even though he's off in bangland? Who does he work for? He can probably live for buttons over there until the debt is paid. He might even be anxious to keep his employer in the dark about his personal life and any suspicion of falling foul of the law in the UK, so he might be willing to fork over his obligations instead of going through the employer for his paycheque.

Bunnysoprano Sat 26-Sep-09 11:00:14

Hi UA

Without seeing he actual wording, I can't be sure but it souns like the Judge is expecting your husband to pay both sets of court fees and also your legal costs. These are limited to what is "reasonable". Your husband could try and contest your legal fees on the basis they are to high but that would cost him more in fees himself, so I think he is unlikely to do so.

No need for you to go to the small claims court. The decree granting your divorce is also a legal judgment regarding the legal fees. That being the case, your small claims case would be incompetent as basically double handling.

What you have to do now is enforce the decree. That can be notoriously difficult when the other party is abroad. Your solicitor needs to find out if he has any assets in the UK which a charge could be put over. Further, does he have a UK bank account which you could arrest?

If not, then you will need to try and take enforcement action in Thailand. That can be expensive. Your solicitor can advise more on this as he or she will know all the facts. However, you will have to take a view as to whether further enforcement action is going to be worthwhile

Hope this helps

Unlikelyamazonian Sun 27-Sep-09 15:17:44

Thanks for this bunny. I finally rang the sol (have being trying to avoid contacting him at all unless it's absolutely necessary as he is 200 pounds an hour) and he says I will have to pay all the fees involved (he is going to bill me next week) then claim them back from h. I could email h but of course he probably won't reply and he certainly won't pay willingly.

he does have a UK bank account - with Co-op. How do I 'arrest' that account? Do I have to get my sol to do that? Which would cost me obviously.

The CSA were unable to do anything re maintenance with his uk account so I don't see how it can be 'arrested' (great word!) by me if even they can't?

ggrrr

Madascheese Mon 28-Sep-09 06:12:40

Hi there,

Have you asked this on www.wikivorce.com ? they have a really good forum and lots of people ready to give advice on finances.

Good luck
xMad

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