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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.


Enforcing a court order

  • Lady Gixer
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03 Nov 09 #159347 by Lady Gixer
Topic started by Lady Gixer
Hi

I am already divorced (2 year separation with consent). My ex took me to court to claim his costs of £1500 as he didnt have a solicitor. The judge dismissed the application based on no merit and refused the right to appeal. My solicitor has sent him the bill for the hearing of £460 and he has refused to pay it. My solicitor is not expecting me to either pay the £460 bill or pay the £100 it will cost for an attachment of earnings. Isnt the debt between my solicitor and my ex husband and nothing to do with me?? She also said that if the attachment of earning fails that I would still have to pay the bill...surely this is not right??

  • Elle
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03 Nov 09 #159349 by Elle
Reply from Elle
Unfortunately you employed the sol and are liable for his costs. Any costs for attachment of earnings can be added to your claim.

Elle x

  • TBagpuss
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03 Nov 09 #159351 by TBagpuss
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No, that is correct.

You are always rsponsible for your own solicitors costs.

If you get a costs order against someone else then that is a debt which they owe to you. Your solicitor is involved only in that they were acting on your behalf - your solicitor had no personal interest in opposing your ex's claims against you, she was acting for you. Why would expect her to then carry the risk of his not paying, or to meet the costs of enforcing the order?

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03 Nov 09 #159362 by Lady Gixer
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Thank you for that I just needed it explaining. I have decided to go ahead and ask her to get an attachment of earnings.

I'm just glad I got my Decree Absolute ;)

  • Elle
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03 Nov 09 #159363 by Elle
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Ensure she includes your costs for seeking an attachment of eanings...it has been known for these little details to be overlooked!

Elle x

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