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Court costs

  • PETERJH
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30 Jan 17 #488190 by PETERJH
Topic started by PETERJH
Hi, I need some advice on how to retrieve my court costs.

My former wife and my self agreed to go halves with the cost for the Decree Nisi.

She agreed to pay £505 towards the costs via solicitors.

The Consent Order made no refernce to court costs but my solicitor says that the costs for the decree Nisi are a completely seperate matter which means she is still liable to pay her agreed conrtibution.

would the above be true and how would I apply to the court to retrieve her share of the costs ?

  • jonathancj
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31 Jan 17 #488218 by jonathancj
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That's correct. Once you have Decree Absolute, the costs of the divorce itself become enforceable. As a matter of strict law, I suppose if she fails to pay the amount agreed, You would have to have the costs assessed by the court. However, you could probably ask the court to summarily assess them at the amount agreed, assuming that this is evidenced in correspondence.

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31 Jan 17 #488240 by .Charles
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If the amount was agreed I would expect the costs order to state as much once the decree Nisi was issued.

An assessment would only be required if the order said "Respondent to pay 50% of the Petitioner's costs, to be assessed if not agreed".

Charles

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31 Jan 17 #488241 by jonathancj
Reply from jonathancj
True. If a specific number is put on it, there's no need for an assessment - the order plus the decree Absolute can be enforced directly.

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