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How do I claim costs for divorce process

3 replies

Soopermum1 · 17/01/2022 14:22

ExH has been extremely difficult with the divorce. He ignored the petition and lawyers letters, refused to engage with form E etc. He has now engaged and financials are happening now. However, it cost me £2.5k in legal fees, separate to those relating to the financials to get to this stage, in addition to the fees for filing the paperwork.

When the nisi was granted there was some wording stating my costs were to be paid by him unless he objected. He objected.

I sent his lawyer a request to have the costs paid and it was ignored. I have been told I can't claim those costs as part of the financials.

I'm a LIP (for most of the process) so won't cost me a huge amount to try to recover the costs, but how do I go about it? Assuming this will take place after the financials have concluded and we have a court order for them. Indications are neither of us is claiming costs for that part.

OP posts:
RedWingBoots · 17/01/2022 14:25

When the nisi was granted there was some wording stating my costs were to be paid by him unless he objected. He objected.

Then he doesn't pay costs.

Generally you each pay your own costs in Family Court unless a judge clearly orders differently.

Soopermum1 · 17/01/2022 14:34

A solicitor I spoke to reckoned, given the vagueness of the wording that I had grounds to proceed with this, but not sure how to go about it. I'm not claiming any other costs but these costs were directly related to his behaviour so if there's any chance of getting them paid, I'd like to give it a go.

OP posts:
Collaborate · 17/01/2022 17:12

Did you get a costs order with the decree nisi? If so as a litigant in person you'd be claiming the court fee you paid for the main suit.

You cannot claim the £2500 spent on financial proceedings.

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