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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.


Costs - Certificate of entitlement to a decree

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21 May 12 #332130 by poetscorner
Topic started by poetscorner
Sorry if this info can be found elsewhere, but i just need some clarification on my next actions.
I have a certificate of entitlement to a decree which arrived a few weeks ago.
Within this certificate it talks about the court having fixed the 6th June 2012 for the pronouncement of the decree.
There is a note regarding costs. It says that any party may be heard on the question of costs at the hearing of these proceedings BUT a party will not be heard unless that party has, not less than 2 days before the hearing, served on every other party written notice of that party''s intention to attend the hearing and apply for or oppose the making of an order for costs.
I did use a solicitor for a while and have incurred costs because of this. I also have my own time and effort and costs for travel aswell as court fees.
Can i claim all these back at this hearing, and if so, is there a procedure to follow?
Any advice or pointing me in the right direction would be much appreciated.
Thank you,

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22 May 12 #332169 by cookie2
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Are you the Petitioner or respondent?

On the Petition, is the costs box (part 10, section 2) ticked? What did the respondent white on the D10 regarding this?

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22 May 12 #332177 by poetscorner
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I am the Petitioner. I seem to remember on that form, they did not contest costs, only the extra fee for re-submitting my Petition following amendment.

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22 May 12 #332182 by cookie2
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Then it is likely that you will be awarded costs, excluding the extra fee for amendment. You don''t need to attend, unless your ex will be attending to argue about costs.

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22 May 12 #332186 by poetscorner
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But is this just for court costs only?

Can i not claim for solicitor costs and anything else i have had to pay to bring this Petition so far?

If not, when can i claim these back?

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22 May 12 #332189 by cookie2
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It is costs associated with the legal side of the divorce, including solicitors fees. It does not include solicitor or court fees in respect to Ancillary Relief (ie. the financial side).

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22 May 12 #332194 by poetscorner
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So, presumably i need to detail these costs, otherwise i will get very little if i do not attend court. I think i read somewhere, without a solicitor i can charge £18 for every hour i have spent. But, from what you are saying, at this stage, it needs to be restricted to time i have spent purely on the Petition for divorce and not any time arguing over ancillary costs.
Is there an official form to use to serve details of my intention to claim costs on the respondent?
Thanks for your time so far. It is really very much appreciated.

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