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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.


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Divorce costs !! or does it?

  • cavalino
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22 Jul 09 #133161 by cavalino
Topic started by cavalino
I am about to get my Decree Absolute and have been asked to pay for my ex wifes costs as she was the petitioner.This being £1130 .She was such a spitfull woman all through the process and i had to accept a lot less from the house proceeds,now i feel the ball is in my court and i can refuse to pay.Is that an option for me,can i refuse now so she has to pay out of her large settlement?

  • TBagpuss
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22 Jul 09 #133226 by TBagpuss
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If there was a costs order made (this would have ben at the time of the Decree Nisi) you have to pay, otherwise you are in breach of the order, and she could apply to the court to enforce it.

You can however ask for a breakdown of the costs if you feel these are excessive. (they look fairly reasonable to me, assuming that she was paying privately, )

If there was no order you don't have to pay.

  • .Charles
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23 Jul 09 #133472 by .Charles
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I concur, if the costs order has already been made it is too late to question the fact unless in execptional circumstances.

The amoutn of the divorce costs seems reasonable to me, I usually work on the basis of 3.2-4 hours for the solicitor plus disbursements plus VAT. The disbursements are usually the court fees of £340, possible a marriage certificate fee of £7.50 - £25 and maybe a process server's fees of £75-£150 + VAT. When the matter is undefended I advise costs estimate of £1100 - £1300 based on £145 - £185 + VAT per hour.

If you make an offer to settle the costs such a "I believe your costs are excessive but I am willing to offer £x, payable without 14 days, in full and final settlement of the claim" this should be sufficiently advantageous to avoid further proceedings.

If you offer £1000 they may split the difference but don't push your luck.

If the other side push for a hearing you are unlikely to obtain much in the way of reduction and will hae a costs order made against you (even if you get the bill reduced) - this will be £1000 or more in additional to the amount of the bill allowed.

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