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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.

 

how to deal with costs in Decree Nisi stage

  • kramark
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16 Dec 11 #302448 by kramark
Topic started by kramark
I need advice on what/how to deal with this situation, please? Quite urgently..

I was represented for my divorce and was contesting it on a technical point as ex was not legally divorced from her prev marriage.

As it was getting out of hand (cost wise) I decided to not to carry on and stopped that battle.

Now I got the Decree Nisi paperwork (form D30A - Certificate of Entitlement) scheduled for next week. It says that the costs are awarded to me!

I dont know what the costs are.
How to contest it.
What to do - I have to inform the court and the other party too? I have missed the 2 day deadline as well, as I got it late and now I have no legal represenation!

Your help will be appreciated.

  • dukey
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17 Dec 11 #302481 by dukey
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Does the letter say if you are to contest costs you need to attend the Nisi hearing, if so go and make your case, if you don`t costs will be awarded to you, the only real defense is that you cannot afford the costs, or try and agree with the other side, offer to pay at least half.

Generally costs are limited to around £1000-£1500 but they can be more if you were served for example.

Call the court Monday if you are unsure.

  • kramark
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17 Dec 11 #302483 by kramark
Reply from kramark
Thanks Dukey

Yes, it says if I am contesting then I have to notify 2 days in advance which I cannot do now.

Can I just turn up on Tues without notifying the parties ( I presume the other side ) beforehand?

Will they answer over the phone?

Sorry I have never dealt with court directly, what do I need to take with me to court?

Sorry for more questtions.

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17 Dec 11 #302485 by dukey
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Call the court first thing Monday and tell them you will be attending, tell them your new to this and can`t afford a solicitor to help, let the other side know you intend to attend, paper work wise basic details of your income and needs is helpful.

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17 Dec 11 #302486 by kramark
Reply from kramark
Ok, thanks Dukey.

Sure I will call the court and tell the other side but I have not 'officially' removed my sol. I have just told him to stop working for the moment as I have lost my confidence.

will that cause more probs?

Will the other side add more costs on me if I did that? I am scared of such things hence I withdrew my fight for that nullity after 2 yrs of fight!

:-(

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