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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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how to enforce an order for costs?

  • macreal
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21 Jul 12 #344476 by macreal
Topic started by macreal
Hi I divorced my husband for unreasonbable behaviour

Court ordered him to pay my costs but he has not

Went to mediation and I agreed not to enforce the order if his solicitor within a few days, had the papers ready for signing but four weeks later, his solicitor says he has not given his instructions to go ahead with the split of assets.

I want to enforce the court order - how do I do it without using a solicitor

Any help gratefully received

macreal

  • dukey
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22 Jul 12 #344613 by dukey

  • .Charles
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23 Jul 12 #344751 by .Charles
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If the order for costs is ''to be assessed if not agreed'' you cannot enforce the order until you have determined how much your ex has to pay.

The court assessment procedure must be followed before enforcing the order with moneyclaim as the costs order is not the same as a money judgment.

Charles

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23 Sep 14 #445209 by dipsy_lewis
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Hi

my friend has an order for costs for the divorce,how do they get the costs assessed/agreed etc, their solicitor just seems to be going around in circles with the third parties solicitor dragging their feet... can they just issue a claim, this has been going on for some time now, how can they deal with this without anymore pricey solicitor letters? thanks in advance

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26 Sep 14 #445480 by .Charles
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The costs incurred in the divorce have to be set out in a particular way and the document has to be served upon the paying party under cover of form N252 Notice of commencement of detailed assessment.

The form and content of a bill for detailed assessment is set out here: www.justice.gov.uk/courts/procedure-rule...s-special-cases2#5.7

If no response is received within 21 days you can apply to the court for a default costs certificate (form N255) using form N254. The court fee for such an application is £60 but you get to add that to the amount you are seeking from the paying party.

When I submit an N254 I usually draft a completed N255 as there is less to go wrong.

Charles

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