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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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Refusing to Pay Costs

  • Harley7
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06 Sep 09 #144164 by Harley7
Topic started by Harley7
Hy Peeps

Can anyone advise..

Can you refuse to pay other partys legal costs - Even if a Judge ordered that you are to pay!

Angel 1
x

  • Ephelia
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06 Sep 09 #144173 by Ephelia
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I think if they refuse to pay you could 'chase' them for it through the small claims court.

Don't know if this website helps:

www.moneyclaim.gov.uk/csmco2/index.jsp

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06 Sep 09 #144176 by Harley7
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Hya

Thankyou for that, just had a quick look.

My fiance`s sol is taking action..

I got no patience & always need to know something regarding the situation, just makes me feel a little stronger..

Just so p****** off with his ex wifes lies and deceit!

Storys a little longwinded.. but basically she applied for variation on SM & filled her form E full of lies, in which my fiance told her he was basically going to defend this all the way & had evidence to discount her lies! the day before court she panicked, crying saying she wanted to drop it & had made a mistake.. He said do what you want..

Subsequently she dropped it half hour before case & judge awarded she paid his legal costs..

3 weeks later she now saying that he agreed to pay his own costs if she dropped the case! & she has a witness..

NO WITNESS - no one was their during the conversation...

Sick isnt it?

Angel 1
xx

  • Fiona
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06 Sep 09 #144231 by Fiona
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There is a cliche that divorces and family cases are difficult for lawyers because they're the only cases where *everybody* is lying! That's perhaps an exaggeration but when emotions are high even the most honest individuals may have difficulty with distinguishing between what they believe is true and what is known to be true when it comes to claims made and evidence given.

Emotion just hurts the wallet and it is far better to remain detached from the court process and treat it as a problem solving exercise.

  • nbm1708
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06 Sep 09 #144233 by nbm1708
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Basically they can delay it etc so what you'll then need to do is file a small claims court action and request costs for that as well. Basically if all the evidence is that costs etc are to be paid by her she'll find it difficult to defend.

Her options will then be to defend it, admit all or part of it, or to state that she can't pay now and put forward a payment plan.

Doing it via the small claims court means that you don't rack up any further solicitor costs as they charge much more than the £80 (approx) to recover your money. It's quite sraight forward.

It's why solicitors always ask you to pay them first irrespective of costs because then if the other party doesn't pay it's you that has to pursue it not them.

T

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