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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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"Costs" Question

  • Wiser
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17 Jun 12 #337248 by Wiser
Topic started by Wiser
Can you tell me if costs can be awarded after after a judgement with "no costs" and Decree Absolute has been issued?

My X is now LIP and written to the court. The judge ordered a Directions hearing. My X is stating his costs are now £6000.

What would the judge think of this as there are no dates on the order to enforce any actions.

Thoughts welcome.

  • NoWhereToTurnl
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17 Jun 12 #337265 by NoWhereToTurnl
Reply from NoWhereToTurnl
I am going back to court because my ex has stopped paying SM of his own accord, I am applying for costs but it will ultimately depend on the DJ. From what I have been told, its a bit of a lottery and not to count on getting it :(sorry.

  • .Charles
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18 Jun 12 #337385 by .Charles
Reply from .Charles
In family proceedings, the starting point is that each party bears their own costs. The exception to this rule is where a claim for costs is made in a divorce petition.

In financial proceedings each party has to report what their costs are at each hearing. This allows the court to consider what each party is spending in relation to the assets and to make allowances for the outstanding costs when a final order is made i.e. there is no point determining that a person needs £100k to rehouse and making that order if the first £20k is used to discharge legal fees.

Charles

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