A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info


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.


Draft Court Order - Costs

  • nearlynearly
  • nearlynearly's Avatar Posted by
  • Premium Member
  • Premium Member
More
11 Jan 12 #305939 by nearlynearly
Topic started by nearlynearly
I wonder if anybody can help with a Costs issue please ?

My partner had his Final Hearing in Nov 11.
My partner has always been a Litigant in Person, however, did also use a Solicitor for legal advice but always self-repped in Court and handled all paperwork – Solicitor was never “on the record”.

STBX was firstly a privately funded case, then half way through the Ancillary Relief proceedings changed to Legal Aid.

Although the Court Order was agreed in principle at the Final Hearing, the Court Order could not be finalised as there were 2 pension sharing Orders awarded to the STBX that had to be approved by the Pension Provider (Army).

These have now been approved by the Pension Provider and the case has been re-listed at Court on 23 Jan 12 for approval of the Court Order.

The Costs were not discussed at the Final Hearing.

My partner was sent a Draft Court Order from the STBX’s Solicitor on 7 Dec 11. As well as mentioning the pension sharing Orders and the normal “any further claims dismissed under the MCA 1973 and / or no further claims on the death of either party”, there is also this:

“There be no order for costs save for detailed assessment of the Applicant wife’s (STBX) publicly funded costs.”

I thought that each party paid their own costs for Ancillary Relief as per the Practice Directions ?

Additionally, at the Final Hearing the STBX’s Solicitor did not complete the Form H1 (Final Hearing Costs Form) either - only a Form H.

My partner ensured that during the whole Ancillary Relief proceedings, he fully complied with all Practice and Court Directions. He was never late with any forms or information and fully complied.

Can he really now be expected to have to pay her costs even though from the pension sharing Order the STBX will immediately receive a monthly pension payment due to her age.

Please can anybody help ?

  • .Charles
  • .Charles's Avatar
  • Platinum Member
  • Platinum Member
More
12 Jan 12 #306008 by .Charles
Reply from .Charles
This has been answered elsewhere but the phrase "detailed assessment of the Applicant/Respondent/parties'' costs" refers to costs incurred under a legal aid certificate.

Where a matter is concluded by an order, a solicitor acting under a legal aid certificate but prepare a detailed account of costs which has to be ''assessed'' for reasonableness before payment is authorised. If the bill is over £2500.00 net of VAT, the Legal Services Commission requires that the court carry out the assessment.

In this scenario the court must include an order for assessment to give authority for the court to carry out the assessment in the stead of the Legal Services Commission.

Clear as mud really..

A costs order that requires one party to pay the others costs will specify the party who is to pay i.e.

"The Respondent pay the Applicant''s costs of the application"

"The Claimant pay the Defendant''s costs thrown away by the amended replies to the amend claim"

"The Respondent pay the Petitioner''s costs of the decree/divorce suit/divorce"

"The Applicant pay the Respondent''s costs from the date of the offer dated X on the indemnity basis"

"The Respondent pay the costs of the application"

You get the idea - there is no standard wording as such as long as the order is clear which is not always the case...


Charles

  • forgive
  • forgive's Avatar
  • Premium Member
  • Premium Member
More
16 Jan 12 #306830 by forgive
Reply from forgive
Charles,

Apart from the solicitor fees, does one need to pay Court for Final Hearing ?

In what circustances, that one will pay the other party costs ? So far both parties have not asked for cost order but if one does, can the other party reject the order ?

  • .Charles
  • .Charles's Avatar
  • Platinum Member
  • Platinum Member
More
16 Jan 12 #306891 by .Charles
Reply from .Charles
There is no additional fee for a final hearing. a party can ask for a costs order but only if the other side lies or fails to act in a reasonable manner. costs orders in family proceedings are as rare as the baskets that you keep hens teeth in.

Charles

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11