A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Mon/Fri 9am-6pm       Sat/Sun 2pm-6pm
Call for FREE expert advice & service info


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.


Adjournment costs

  • Butterfly6059
  • Butterfly6059's Avatar Posted by
  • New Member
  • New Member
More
13 Aug 19 #509053 by Butterfly6059
Topic started by Butterfly6059
Please could someone advise me if lack of capacity becomes an issue in a final financial hearing would adjournment costs amount to:
A. The costs of the adjournment
B. All costs of the other party from the start of the proceedings to the hearing resulting from the adjournment.

  • .Charles
  • .Charles's Avatar
  • Platinum Member
  • Platinum Member
More
14 Aug 19 #509065 by .Charles
Reply from .Charles
The answer is A. The typical order would be 'costs of and occasioned by the adjournment' which is slightly broader that the costs of the adjournment but not massively different.

Charles

  • Butterfly6059
  • Butterfly6059's Avatar Posted by
  • New Member
  • New Member
More
14 Aug 19 #509068 by Butterfly6059
Reply from Butterfly6059
Thank you that is a great help.
Does it state this in the Civil Procedure Rules, or is there any legislation I could refer to.

  • .Charles
  • .Charles's Avatar
  • Platinum Member
  • Platinum Member
More
15 Aug 19 #509086 by .Charles
Reply from .Charles
The principle of costs is covered in the Civil Procedure Rules for civil matters here www.justice.gov.uk/courts/procedure-rule...about-costs#rule44.2

CPR 44.2(2)(a) is the main principle "the general rule is that the unsuccessful party will be ordered to pay the costs of the successful party". The principle is known as 'costs follow the event' - the event being winning the case.

In family financial proceedings the costs rules in the CPR apply by virtue of the Family Procedure Rules but with certain modifications.

Specifically, the FPR Rule 28.3(5) says "(5) Subject to paragraph (6), the general rule in financial remedy proceedings is that the court will not make an order requiring one party to pay the costs of another party"

So generally speaking there will be no costs order but it is not unusual to have a discrete costs order for a certain element.

For instance, if a party turned up for court and had failed to comply with previous directions the judge may have to adjourn and relist the hearing. It would not be unreasonable for the party who was ready and attended court to ask for their costs of the adjournment.

There are exceptions in family proceedings to which the disapplication of the CPR does not apply but bearing in mind the complexity of this sentence already, I won't address those here!

Charles

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11