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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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Recovering Divorce costs

  • Alhume
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12 Dec 15 #470706 by Alhume
Topic started by Alhume
Can someone please advise, I''ll explain

I separated from my wife in 2010. In 2012 I filed for divorce. Initially my ex agreed to sign the papers but stalled and ignored my solicitors requests for a response. It took her months just to send the original marriage certs to my solicitor. She made frequent phone calls to my solicitors merely for an argument and it became apparent just to run my costs up.

to cut a long story short 3 years past and she ignored all correspondence so i have had to wait for the 5 year period to elapse Jan 2015 to divorce under the 5yr with no consent required.

Costs where crazy i had to pay to cancel the 1st application and pay the disbursements all over again

Now to my question. I have just received the my Decree Nisi and she has been ordered to pay costs. Now because she inflated costs my solicitors fees of which are now just over £7,000. The court hasn''t carried out an assessment of costs as yet. There is no children involved or assets. I have had to drop my solicitor as he wanted another £950 to carry out a breakdown of costs for the court and submit to them for an assessment. Can someone tell me the correct process to enforce the court order

I''m at financial breaking point and struggling to make ends meet as it is.

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12 Dec 15 #470712 by .Charles
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If you have an order "to be assessed if not agreed" you will have to have a bill of costs (detailed assessment) prepared. This will then be served upon your ex who will have 21 days to pay or prepare points of dispute.

Charles

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12 Dec 15 #470714 by Alhume
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Hi Charles, thanks for the reply.

Yes i have the order that''s still to be assessed I have a full breakdown of costs for every invoice and have prepared a letter to go with it to send to her. I was going to give her 21 days for a response. I''m certain i''ll have to submit an application to the court for assessment do you know what forms i will need to use ?

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13 Dec 15 #470722 by .Charles
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Unfortunately you will need to have a bill prepared in the correct format and serve on the paying party with form N252. The court does not get involved until a later day if required.

model form of bill: www.justice.gov.uk/courts/procedure-rule.../new-precedent-a.pdf

Form N252: hmctsformfinder.justice.gov.uk/courtfinder/forms/n252-eng.pdf

Charles

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13 Dec 15 #470723 by Alhume
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Great thanks i have actually prepared the costs in a very similar way to this so hopefully will be ok and i''ll use the N252.

So looking ahead if i have no reply or receive her points of dispute after the 21 days i then forward to the court using form D258 Request for detailed assessment hearing (general form) is this correct ?

Thanks again for your advice on this as well Charles

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14 Dec 15 #470742 by .Charles
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When you send the N252, the bill and a copy of the order, ensure that you insert a date 23 days ahead of time for the points of dispute - this will allow for adequate time to effect postal service e.g. if you were to post it today, you will require the points of dispute by 6th January 2016.

If there is no response by that date you can apply to the court for a default costs certificate using form N254 and a court fee of £60.

You would only request an assessment if you receive points of dispute at which point you might want to serve replies to points of dispute. Cross that bridge when you come to it though.

Charles

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17 Dec 15 #470903 by Alhume
Reply from Alhume
Well I''ve sent it all to her and i know it''s been delivered today so will update you when i hear back and would value your advice Charles have a happy Christmas and i''ll post back when i have a reply i'' m sure i will ......

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