My ex has instructed a Solicitor following receiving diorce papers via the court. I am DIYing at the moment and just wanted to know how to reply to his solicitors letter.
They want me to confirm that I will limit my claims for costs to the disbursements incurred in respect of the divorce proceedings ie £385. They won''t return the acknowlegdement of service form until this is agreed. This is fine providing that we agree everything at mediation, if I have costs because he won''t then surely he should pay these. How do I word a reply please?
They also want me to confirm I''ll be agreeable to mediation (yes) to ''enable an appropriate referral to be made on your behalf'' - now I would want a mediation within a close radius of my home rather than his new address, can I request this?
No, respondent does not pay costs for Ancillary Relief. The costs claim is only the legal side of the divorce, which does not include mediation. So yes, you should reply that as long as they do not contest the divorce your costs claim will be limited to £385.
Yes you can request mediation wherever you like, in fact you can request anything you want at this stage. It doesn''t mean they''ll agree, though. If you live a long way apart you may have to compromise, like attend mediation half way in between. That is what mediation is about, after all...