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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Has anyone ever had to enforce cots order?

3 replies

chocolatebox1 · 07/11/2018 23:19

Has anyone ever had to enforce a costs order (for legal fees) against their STBX spouse who is refusing to pay it? Is it a costly thing to do and can you claim your costs for enforcement from them? I'd be really really grateful if anyone could tell me.

OP posts:
MissedTheBoatAgain · 08/11/2018 01:27

My ex had three cost orders against her before the Final Hearing and had not paid any of them. Judge took the Cost Orders into account when deciding the settlement figure. Also awarded most of the costs for the Final Hearing.

Do you have an LSO (Legal Services Order) in place at the moment whereby ex has to pay your fees? If so your ex is making trouble for himself if he is not paying.

Good luck

chocolatebox1 · 08/11/2018 11:45

Thank you so much for replying @MissedTheBoatAgain - I don't have a LSO as far as I understand, it's a costs order which was issued along with the Decree Nisi. If someone just refuses to pay the costs order, is there anything you can actually do about it?! Sorry to hear yours went as far as a Final Hearing, I'm hoping that doesn't happen, but it might because of lack of co-operation. Your ex must have been very difficult for a lot of the Final Hearing costs to be awarded, sorry you had to go through all that.

OP posts:
MissedTheBoatAgain · 08/11/2018 23:47

If you end up at Final Hearing that is when the subject of costs will arise. Judge can adjust settlement figures to reflect any previously unpaid Cost Orders plus make a further order for the cost you incurred by having to pursue it through the Courts. Sounds like you may be forced to go down this route.

My Ex did not want the Divorce and I think she thought that by being obstructive I may change my mind? She went through 4 solicitors in total by time Final Hearing came around. I think the last one fleeced her. By time they were appointed Form E's had been exchanged and I had made offers. So they were well aware that money and assets were available.

They did not charge her anything during the proceedings unlike my solicitor who advised what the costs would be in advance. So Wife may have thought she was not going to incur any costs? Once Judge had decided the settlement figure I had to pay it to my solicitor. They then forwarded payment to Wife's solicitor. That's when they pounced. All the costs that had accumulated over the previous 8 months were subtracted from the settlement figure. About 15K in total. Cash in hand was about 35K less than I had offered over a year earlier.

Outcome was that Wife had to take out a mortgage to house herself. Not a massive mortgage, but for someone who works 16 hours per week on minimum wage it is a lot. Could have been mortgage free had she settled without Courts. As I work on Contract she has to pray that I maintain continuity of employment otherwise maintenance stops and she will not be able to afford her mortgage..........

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