Cost have not been agreed, yet my Xw solicitor has sent the papers to court and they have been sent to me, i only had seven days to respond,I have signed and returned form D10(1) i have written a statment to explain why i should not have to pay the full cost and said that i have suggested to petioners solicitor that both sides should pay their own cost, have also explained that as i have been left to pay off the matrimonial debts iam now in an IVA and registered insolvant. Am i likely to be awarded cost?
Only the applicant can claim costs, even then if no agreement stands a judge must decide usually when the Decree Nisi is granted, for the vast majority its best to pay your own legal costs for the actual divorce.
If you genuinely can''t afford to pay the costs then she would be wasting her time trying. A costs order creates a debt. That debt would be handled just like any other debt (of which it sounds like you have a lot). If it does not get paid then she would have to take court action.... and basically would be told, "get in the queue". She would have to pay more costs to take that enforcement action, so it''s probably not worth it for her.
Thxs Dukey and cookie2, as i said in my original post i did write to her solicitor and said i was happy if both sides pay their own cost but he didn''t respond. If the courts say i have to pay the cost it will open a whole new can of worms for me which could lead to my IVA failing and me facing bankruptcy.
Now that i have returned form D10(1) how long before i hear anything or the Decree Nisi is issued?
Hi Dukey, On D10 i have said i do object to paying all the cost and sent a covering note explaining my financial arrangment and proof of my IVA. As for the letter i sent her solicitor i do have a copy but did not send it recorded buy in a recent letter they acknowledge the letter.