A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info


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.


Proceedings

  • Papillon6
  • Papillon6's Avatar Posted by
  • Junior Member
  • Junior Member
More
09 Aug 12 #348343 by Papillon6
Topic started by Papillon6
Not sure if this is posted in the right section but basically in my Certificate of Entitlement to a Decree (I am the Respondent) it was to be ordered that I pay 50% of the costs of the Petitioner such costs to be assessed if not agreed. I didn''t attend the hearing of the decree but I did write to the Court asking if my understanding was correct that I had to pay 50% of £340 (the Court fee)(he is self repping). I never actually received a response and the Decree Nisi was issued. My ex is now demanding that I pay him £170 or he will commence proceedings against me for recovery. Can he do this? I have received no notification of any sums involved apart from his demands.

Thanks

  • dukey
  • dukey's Avatar
  • Moderator
  • Moderator
More
09 Aug 12 #348346 by dukey
Reply from dukey
If court ordered you to pay half then pay half, and yes he can take you to court for payment plus costs, and he will get costs.

The good news is £170 is an Absolute gift in terms of costs, some end up paying as much as £1500, others even more.

  • cookie2
  • cookie2's Avatar
  • Platinum Member
  • Platinum Member
More
09 Aug 12 #348365 by cookie2
Reply from cookie2
The costs aren''t actually payable until Absolute, but if you wait until then there might be more costs such as the Absolute fee of £45. Or your ex might decide to add some solicitors fees after all. If I were you I would get it confirmed in writing (if you don''t already have) that the requested £170 payment settles the costs claim once and for all, and then pay it. You will have got off very lightly.

  • minxy1912
  • minxy1912's Avatar
  • Elite Member
  • Elite Member
More
09 Aug 12 #348380 by minxy1912
Reply from minxy1912
iam in the same situation,but the oposit way rnd.lol..my ex wont pay me back his half. how do i enforce it? wont it cost me more to enforce it?

  • JamesLondon
  • JamesLondon's Avatar
  • User is blocked
  • User is blocked
More
09 Aug 12 #348388 by JamesLondon
Reply from JamesLondon
Minxy as a respondent I had a letter sent to me by my wifes solicitors telling me to pay half within 14 days or they would look to the courts to assess costs and then bill me for everything.

Either pay £600 now or they would then ask the courts to make me pay £1600+.

That was enough to make me pay.

  • cookie2
  • cookie2's Avatar
  • Platinum Member
  • Platinum Member
More
09 Aug 12 #348391 by cookie2
Reply from cookie2
Yes JamesLondon is right. If you bury your head or simply refuse to pay then they can take it to court for enforcement and the costs of that enforcement action would also be payable by you. So rather than a £170 bill you might get a £1000 bill.

However if you simply do not have the funds to pay it then you should tell this to the solicitor, or try to arrange a payment schedule with them out of court. Or say you will add/deduct £170 from the lump sum payment in the Consent Order, whatever works for you.

If they then take enforcement action after you''ve attempted to find and amicable solution then a costs order for the enforcement would be much less likely. A judge would probably say, "he/she has already offered to pay in monthly installments. This case was unnecessary. Get out of my courtroom".

  • minxy1912
  • minxy1912's Avatar
  • Elite Member
  • Elite Member
More
09 Aug 12 #348392 by minxy1912
Reply from minxy1912
oh!! thanks James, i am the applicant, got awarded full costs but he contested it and got awarded half. I don''t have a solicitor i am having to represent myself. I have asked for the money numerous times but get ignored. wonder where i go from here???? uniform shopping has wiped me out.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11