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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.


Who pays the court costs?

  • chocqueen77
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02 Mar 22 #518949 by chocqueen77
Topic started by chocqueen77
Hi everyone I am new on here. I am currently going through a divorce, I have the nici and we are going mediation. If he doesn’t agree terms and this goes to court, is there a long wait and who pays the costs? Does it come out of his pot or the pot??

  • .Charles
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02 Mar 22 #518950 by .Charles
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The divorce costs are treated separately.

In the financial application the starting point is that each party bear their own costs. As the financial application deals with dividing the matrimonial pot the costs are usually taken prior to division so it comes out of 'the pot' rather than the pot of one person or another.

However, if the matrimonial pot is small and cannot provide enough for both parties, the situation changes. The party with the greatest need could receive a greater share of the pot which would include enough to discharge their outstanding costs.

Charles

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02 Mar 22 #518951 by chocqueen77
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So if I make an offer and he doesn’t agree and wants to go to court I would have to pay those costs too?
Is there a long wait for court dates now due to covid?

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03 Mar 22 #518964 by .Charles
Reply from .Charles
It depends how much there is in the matrimonial pot. For instance, if you each needed £100k and the matrimonial pot was £300k, the obvious approach would be £150k each. Each party bears their own costs so if you represented yourself there would be no costs to pay and if your ex had legal costs of £20k, they would be left with £130k.

However, the Court can decide that as there is enough money in the pot, the legal costs would be paid and you would each get £140k.

The best way to look at legal costs is that all costs incurred by both parties are jointly incurred which means that you would each bear half of the total.

Open offers which are made should be taken into account by the Court but an open offer can only really be made when both parties have provided disclosure to each other and they each know exactly what the finances are.

The waiting time isn't too bad as an electronic system was set up at the start of the pandemic so you can apply online. A file I was working on yesterday had a financial application issued on 10th February and the hearing is in early May. From memory I think the hearing is via CVP which is the Court Video Platform so attendance at Court is on a remote link.

Charles

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