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Costs for a variation order

  • alreid1612
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01 Jun 2019 17:11 #507819 by alreid1612
Topic posted by alreid1612
My partner's ex has applied to discharge his spousal maintenance obligations and cease periodic payments. My partner has rejected this as to do so would lose her home, cause undue hardship etc. She have made a WP offer which was rejected.She has asked for mediation which was reluctantly agreed to but unfruitful as he refuses anything to do with capitalisation. Forms E have been exchanged and the First appointment held. My ex is extremely
confident that he has no case and she has exposed some blatant discrepancies in his listed assets. Yes he will not concede. His tactic which worked during the divorce is to exhaust my partner's resources so by the time of the final hearing she will be unable to represent herself. My partner had no option to defend as she would lose the home, her ex is never going to be able to stop paying while the daughter of the marriage is a minor, he refuses to accept the thrust of mediation and he tells the most monstrous porkers. At what point will he be responsible for picking up my partner's costs. These are looking like being £100K plus VAT, which she is having to borrow. The figures are a bagatelle to him, but immense to my partner. Thanks

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02 Jun 2019 11:56 #507829 by hadenoughnow
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£100k in costs??? What is the sum being argued over??

If he loses, she can make an application for costs.

I would be very concerned about costs on this scale. If the matter is so cut and dried then surely it doesn't need expensive legal representation. She could try an open offer which can be seen by the judge at final hearing. If the outcome is close to that it would strengthen her case for costs.

She could also consider an application to force him to pay her legal bills - a legal services order.

Hadenoughnow


Hadenoughnow

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02 Jun 2019 12:08 #507830 by alreid1612
Reply from alreid1612
Thank you. Useful. I know, the sums are disgusting and my partner is hoping someone can talk sense into him. Sum being argued over is c500K, so yes there comes a point when you are spending for little benefit though my partner is keen to get off the conveyor, accept less and move on. Her ex is having none of it. And has rejected everything out of hand so far. Perhaps he really believes he can not afford it despite declared assets in the region of £10m. In which case he clearly has a screw loose.
Thank you for a couple of options for my partner to consider.

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