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What are we each entitled to in our divorce settlement?

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Divorce Costs order made by district judge

  • Bagman22a
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18 May 17 #492364 by Bagman22a
Topic started by Bagman22a
Hi.
I have received Decree Nisi and it states that The District Judge has ordered that I pay the petitioners costs.
I have received a letter from the wifes solicitor and that states costs are as follows;
Court Fee £550.00
Solicitors fees £650.00
I have been on Universal Credit for 16 months, although I am about to start a new job.
How am I supposed to pay these fees?
Is there a way I can pay them off in instalments?
My ex works full time and has state pension.
What does it mean when it says if I do not pay the costs will be assessed
Sorry for all the questions
TIA for any help.

  • .Charles
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18 May 17 #492366 by .Charles
Reply from .Charles
An order for costs is an entitlement to costs rather than a specified amount.

To prevent people from writing their own cheque, the court has to assess what is reasonable for the paying party to pay. The court carries out an assessment of costs which follows the provisional assessment route for bills under £75,000. This involves a bill being prepared which can be paid or disputed.

It is better to agree the amount. £1200 (which I assume included VAT) seems fairly reasonable for a lawyer charging £150 + VAT or more per hour, although you could offer to pay less.

You would normally be expected to pay within 14 days of agreement/assessment but if you have no ability to pay that should be recognised by the other side. Offering to pay from any subsequent financial settlement is common but affordable instalments make a good second option. You should ensure that you keep track of any payments made in case there is a dispute over whether or not you paid them.

Charles

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18 May 17 #492367 by Bagman22a
Reply from Bagman22a
Thank you very much for your answer Charles.
If I was to make any offer of say, a lower amount or an offer to pay by instalments, who would I make this to please?

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18 May 17 #492369 by .Charles
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You make it to the solicitor who will take instructions from their client.

Charles

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