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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.


Court fees

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10 Aug 14 #441696 by Louise3
Topic started by Louise3
Hi

I have received my Decree Nisi and also the confirmation that costs have been awarded to me, the Petitioner, how do i now go about claiming these costs as i am hoping not to have to use a solicitor?

It does say cause to be assessed if not agreed.

Thanks in advance for your help!

  • .Charles
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11 Aug 14 #441752 by .Charles
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Did you use a solicitor to deal with your divorce or did you do it yourself. If the latter, your costs will probably be limited to the court fee.

Charles

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11 Aug 14 #441756 by Louise3
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Hi Charles

I just did it myself. Should I send a letter to my stbx and /or his solicitor requesting the £410 court fee? Should I say a time frame like payment to be made within 14 days?

Realistically I don''t expect him to pay, is the next step small claims?

Thanks for your help!

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11 Aug 14 #441762 by TurboB
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did you ex contest? if not, then maybe ask him for half the costs if you think he is more likely to pay that then the full amount.

half costs seems to be fair for a non-contested divorce

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11 Aug 14 #441769 by Louise3
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No he didn''t contest. He is just as likely not to pay half as the full amount to be honest. He is being so uncooperative in all areas. A year and a half on nothing going has been resolved. I am having to take him to court to settle finances etc cos he just wont respond to the mediator and his solicitors are just being fed lies so it feels like a waste of time communicating with them any longer as nothing can be resolved on the basis of lies. so the more I can try a different get the better as I''ve just shelled out another £255 in court fees when i submitted form a:(

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11 Aug 14 #441800 by .Charles
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The difficulty is that the costs are ''to be assessed if not agreed''.

This means that you have to establish the amount of the fees before you can pursue them.

The way to do this is prepare a bill of costs which will state that amount that you have incurred, i.e. the court fee of £410, and serve the bill on your ex''s solicitor (or your ex if he no longer uses a solicitor). He then has 21 days to pay or serve points of dispute. However, your claim is a slam-dunk - you have the order for costs and you have incurred £410 - that is the minimum he will have to pay.

You then have 21 days to serve replies to points of dispute which will simply say that you disagree and you make no concessions.

After that you can apply to the court for a provisional assessment (court fee = £335) when the court will order that your ex pay the £410 plus the cost of the application - £745 in total.

If your ex fails to serve any points of dispute you can apply to the court for a default costs certificate (court fee = £60) for the full amount. The court will issue the certificate which will be for the full amount plus the court fee - total £470.

Either way you will end up with a judgement that you can enforce.

Charles

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11 Aug 14 #441803 by Louise3
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That''s great. Thanks for your help!

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