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Confused!!

  • Dave999
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21 Aug 09 #140385 by Dave999
Topic started by Dave999
I am respondent in what was an amicable divorce case.
It was agreed that if I didnt contest the divorce all costs were to be met by petitioner.
I have rec'd today, the Decree Nisi and attached is an order for costs.
It reads "the deputy Judge upon making the Decree Nisi ordered that the respondent pay the costs incurred on behalf of the petitioner in this cause"

Does that mean that my ex will be claiming her solicitors costs back from me? or is it the court costs? or both?
I dont have a solicitor as it was uncontested and amicable although now we are not in contact anymore.

I have also returned a Clean Break order that states on it as one of the clauses
"No order for costs"
Help???

  • mez
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24 Aug 09 #140924 by mez
Reply from mez
Hi Confused.
You can call in, phone, or e.mail the court dealing with your case & ask the clerk's advice.

They cannot comment on your individual case, but they can advise you on protocol.

It could just be a misunderstanding by the deputy judge - Believe it or not - They are only human.

I am assuming both orders are already stamped by the court? They only become legally binding after this is done.

You might need to send a copies of the ancillary (finances) relief that shows all claims crossed out & the Consent Order showing no claims made.

  • TBagpuss
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24 Aug 09 #140927 by TBagpuss
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The 'no order for costs' in the Consent Order relates to the costs of the anciallry relief proceedigns, not the divorce.

The advice to call the court is good advice.

If you still have copies, check the divorce petition - if the claim for costs (on the back page, in the 'prayer' was deleted or said was deleted or marked 'only in the event the divorce is defenced' then you need to draw this to the court's atention. Equalyl, check the acknowledgment of service - did you mark that to say you objected to paying the costs as cost your Ex had agreed not to claim any costs?

As things are amicable, you may wish to ask your ex to confirm in writing to the court that she is not seeking costs.

Check the certificate you have receieved - I would expect it to tell you the date on which the court intends to make the Decree Nisi and to say 'unless any ofthe iorders are opposed, there is no need to attend court'.

If you wish to oppose the making of a costs order you can atttend court on that date to explain to the Judge why you do notthink a costs order should be made. Again, if your ex is willing to attend or to write a letter confirming that she agreed not to claim costs you can take this with you.

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