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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.


Do you need help going to court over a Financial Settlement?

Our consultant service offers expert advice and support for people who are going to court over a fair financial settlement, for less than a quarter of the cost of using a traditional high street solicitor.


Costs

  • Simba47
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24 Jun 09 #126370 by Simba47
Topic started by Simba47
Hello again folks


Does anyone know the answer to this question?.

Can a solicitors costs order be the subject of a detailed assessment if it has already been paid.

My husband has paid his solicitor, I have been ordered to pay his costs, I have read somewhere I think that it can't be the subject of a detailed assessment if it had been paid.

His solicitor wrote to me asking for settlement before I was even ordered to pay the costs, surely that is acting out of turn, arn't they supposed to lodge their claim for costs with the court before they demand payment?

Also by agreeing to costs there would have been a opportunity to dispute all the costs, which I did but failed. so why did they feel it appropriate to send me a letter asking for payment?.

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25 Jun 09 #126520 by D L
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Hi

Are these divorce costs or for some other proceedings? What precisely does the costs order say?

Amanda

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25 Jun 09 #126532 by Simba47
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Hello

Yes it is for a divorce. The Order just states that I pay his costs subject to a detailed assessment if not agreed.

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25 Jun 09 #126550 by D L
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And there is your answer :).

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25 Jun 09 #126554 by Simba47
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Is it normal for him to pay up front and then I pay him?

Will a detailed assessment cost me money? Am I likely to get it reduced?

Were the solicitors acting out of turn asking me for payment before their bill of costs went before the court?

How do I know if the bill is fair?

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25 Jun 09 #126557 by perrypower
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Simba,
1. It is normal to pay a solicitor upfront, even if you hope to get costs awarded.

2. A detailed assessment should nto cost you anything. What you are asking for is an itemised bill. Lawyers will provide this if requested.

3. Well, they asked you to pay costs. That was agreed in the petition. It is normal that you ask a person to pay and when they refuse or don't pay you ask the court to order it, so not really anything underhanded here.

4. Well if this was a straightforward, uncontested divorce then you could look around the web and get an idea as to what it would cost. The court fees are set so really the only other element is the time involved. I am guessing that the 'sols' costs are around £900 and if there was not something 'extra required' like ahving to arragne for a copy of a marriage certificate, or serving by a bailiff then it sounds high to me. But. If your ex used an expensive law firm it is also possible. Some lawyers cost £100 per hour, £190 is pretty common, the partners I use cost £600+ per hour.

Even an uncontested divorce will require three or four hours of work which would result in a bill of £1000 - £1500.

A typical on-line divorce service charges a fixed fee of £1,171.91, which includes the Court fees and VAT. You are being asked for £1,300, if you dispute the bill you will either win and pay say £1,100 or lose in which case you will pay £1,300 plus the costs of the additional work (beyond a detailed bill).

So, asked for detailed bill and then tell us how many hours of work it is for, I suspect that it is a tiny bit high, but reasonable keeping in mind they wrote to you seeking costs in addition to just the divorce. My advice, pay it and get on with the Financial Settlement.

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25 Jun 09 #126560 by Simba47
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Thank you for that.

I think Im being a tad unrealistic! My ex has asked me for £800 and he said he will shoulder the rest which is £1150 at present.

So I think I should count myself lucky, pay up and shut up!

But thank you very very much for your help.

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