Chances of costs being awarded

[Anna713]

Can anyone advise if my son who is about to attend a final financial hearing has any chance of being awarded any costs against his ex wife? His solicitor is going to ask on the basis of his ex causing the sale of the marital home to fall through 3 days before completion by not removing a home rights notification unless my son gave her a large sum of money, despite agreeing in writing via her solicitor to do so. She has also shared private financial information from my sons financial disclosure with her mother who has then tried to use this information to harras me in writing and in person. There are several other unpleasant behaviours, including harrasment and police involvement but those are probably the most serious and evidenced. If it is relevant my son has a lives with order for the child of the marriage who does not see her mother.

Surely his solicitor would be able to tell him that?

What has his solicitor said?

He's says not. She wouldn't have put it forward unless she thought it was reasonable but she has not said what the odds are. She is actually very good and he has full confidence in her.

I suggest both of you apply for a non molestation order or whatever its called against the ex and her mother

When is the hearing?

I do have a community resolution order against her mother and my son has applied for a non molestation order.

Costs aren't normally awarded in divorce cases, but the court always has discretion to award costs, and in case where one party has behaved badly they will often do so.

If your son can establish that it was solely her conduct that led to the sale falling through then I would think there's a good chance he would get some costs, though it's very unlikely he'd be awarded the whole of his costs.

Thank you. He can definitely prove her actions led to the sale falling through. She had no thought for the poor buyer either who was devastated. Is the sharing of private financial information relevant? We have it in writing.

IMO yes he could get costs on the basis of her poor conduct, particularly in relation to the house sale, although as others have said this is not guaranteed in family proceedings (i'm a divorce sol)

Thank you for your response stargirl27.

Disclosing your son's financial information to her mother is potentially contempt of court.

You may be able to get an order against her mother to stop the harassment.

Her attempt to blackmail your son could well lead to costs being awarded against her. It is not guaranteed and it may not cover his full costs, but hopefully, if it is awarded, she will learn that those who play silly games get silly prizes.

I have got an order and things have been quieter. No doubt this will come up in court. My son would be happy to settle out of court but they will not accept what he considers to be a reasonable offer. He is worried about the cost of going to court again but he doesn't have a choice.