Both my partner and his ex have been funding solicitor costs from income and savings up until the start of 2021 when she claimed her savings had gone and asked to have a loan from her solicitor to pay her future costs , to be repaid out of her share of settlement.
She has now rejected the draft Consent Order and it looks like it will end up in court.
Can she ask for the solicitor costs to be repaid out of joint settlement if it goes to court? Would my partner be able to prove she requested repayment out of her share as all correspondence was Without prejudice? Would my partner be able to request everything since the divorce in 2018 is not counted?
Unfortunately it all depends on the judge on the day. They would probably see the "divorce" as a joint thing and therefore the costs would just come out of the "joint" marital assets pot. But you never know, you might be lucky and it comes out of her share. If you look at it from the other side, why should she pay extra if the Consent Order was not reasonable - that would be unfair? Everything is so tricky.
Last edit: 15 Jul 21 by rubytuesday. Reason: Moderator's note - details of alternative forum removed, see T&Cs 6.1(c)
It is usual in financial proceedings for each party to pay their own costs.
There are things like litigation loans which are paid from proceeds of sale of a jointly owned property. Whether or not those costs are set against that party's share will depend on things like whether their needs can still be met if they are. It may be that an unequal share of capital may be needed to allow for the costs to be paid.
I would always be quite wary of getting work done just 'on account'. Costs can mount very quickly. It is not unheard of for legal costs to swallow up a very significant chunk of available funds or even wipe them out altogether.
I see where you are coming from Happy but it can work both ways. My partner has always been the one who has to leave the 50/50 division, always in her favour, to keep negotiations on a roll and is now short of funds and still is paying interest on the marital debts, plus having to buy all furniture from scratch.
marriage was 35 years and there are no children, divorced November 2018. H is 62 and W 58.
FMH is worth 175,000
Costs of sale 4000
Mortgage outstanding 12300 (2 years left).
Marital debts 13500 to be paid to H
Balance is to be divided 50/50.
Pension H CETV (dated 2018) 190000
Pension W NHS final salary CETV (dated 2018) 89000
Divided on a capitol basis 50/50
Transfer fees H 75%
Transfer fees W 25%
Income H 2100 pcm (current salary)
income W 1350 pcm (2018 figures, never been updated)
W had 7000 savings (form E 2018) all spent, she says on mortgage.
H had 2000 , used to pay divorce costs as petitioner as she claimed she couldn't afford it.
Both say no savings left.
Assets; she has a car worth around 3500, no loan outstanding.
Initially it had a loan of £5100 against it, but finance has now been paid.
The car has not been listed anywhere on the Consent Order.
He has no car now.
Property division has been agreed.
W now paying her solicitor costs from her share of equity from the FMH.
The most recent offer was to cut the marital debts to £12000 but otherwise as above.This was offered by my partner in order to prevent going to court.
I've begged H to get the pensions divided on equalisation of income basis, especially as he's due to retire in just over 3 years but his solicitor told him it wasn't worth it and he believes her.