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Order for Costs Divorce

10 replies

toobusytothink · 31/05/2022 13:57

Hoping someone can help. My OH’s divorce is just about to be finalised when suddenly his ex announced that he was ordered by the Court to pay for her costs incurred during their divorce proceedings due to his “unreasonable behaviour”. This is complete news to him. Guess he must have missed the box to oppose her request for this when the Nisi was filed ….

what happens now? Can she just ask him directly for payment?

Also she is saying her solicitor is going to apply for the absolute which he has to pay, but could be done by the mediators for free (well it’s included in the package).

He is on benefits if that makes a difference. Hence not having a solicitor as he can’t afford one and hence missing the fact she had applied for an order for costs.

thanks in advance

OP posts:
decentchap · 31/05/2022 14:02

You need a solicitor in Family Law - I would regard her assertions with suspicion rather timely ?

TizerorFizz · 31/05/2022 14:14

He should have the Court order! He must know what it says.

toobusytothink · 31/05/2022 14:21

Well the child arrangement order said there was no order for costs. I suggested it might say something on the Nisi? He has a copy so can check there. Otherwise might there have been a seperate order? Thanks

OP posts:
Collaborate · 31/05/2022 14:41

It's a separate order that comes out at the same time as the nisi. He should check wither the advance notice of the date mentione dwhether she was entitled to a costs order.

The order itself doesn't actually (normally) quantify costs. The precise amount needs either to be agreed, or she must lodge a bill in court for full assessment.

He doesn't have to pay for the absolute. It (the court fee) was included in the original court fee of £550 she will have paid.

toobusytothink · 01/06/2022 08:11

Thank you @Collaborate he never received a copy of the Order. She is claiming he owes her £1000 for legal fees, plus £550 for the court fee, plus for a solicitor to deal with the Decree Absolute (£600) plus the court fee (£53).

She won’t negotiate on amount owed and he can’t afford it. Does she have to make a formal request for the amount from her solicitor? If he can’t pay does she take it to court and then he has to pay those fees too?

thanks. He also doesn’t feel the need to use a solicitor for the Absolute stage. Can he say no to that now (he has already paid mediation fees which includes application for absolute)

OP posts:
millymollymoomoo · 01/06/2022 10:22

Well I think at worst he’d only have to pay the court fees of 560+53!
hes not expected to pay her legal fees

Collaborate · 01/06/2022 11:40

millymollymoomoo · 01/06/2022 10:22

Well I think at worst he’d only have to pay the court fees of 560+53!
hes not expected to pay her legal fees

An order for costs includes reasonable lawyers costs.

Collaborate · 01/06/2022 11:41

And I'm not sure where the £53 comes from. There is no separate fee for decree absolute.

millymollymoomoo · 01/06/2022 13:55

collaborate Blimey!

toobusytothink · 01/06/2022 14:54

But only fees in relation to the divorce application. Am I correct in saying? Not in relation to the child arrangement order I hope …

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