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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.


get costs back

  • jemma12345
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02 Jun 20 #512687 by jemma12345
Topic started by jemma12345
Hi
I divorced for unreasonable behaviour and was awarded costs in jan but ex is refusing to pay
how can i get this money back? a friend suggested using a sherriff as this is owed to me?
Can i let the court know he hasn't paid it? Also can i claim back tax on solicitors fees?
i am fed up of a system that is unfair and let's the party with more money win the system says it protects the children but i have 2 dependant children and im trying to support them while the ex spends spends spends and has solicitors paid by parents. This is affecting mine and my children's mental health as our future is so insecure.We don't have means to buy another property if i dont get more equity. But he wont budge- even if that means we will be council house

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03 Jun 20 #512696 by .Charles
Reply from .Charles
If the amount of costs is a specified amount you can enforce the order as a money judgement.

However, if the order you have is something along the lines of "the respondent do pay the petitioner's costs, to be assessed if not agreed" there are a number of hurdles over which to jump.

Can you give some more information?

Charles

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03 Jun 20 #512697 by jemma12345
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I will have to check documents. But my solicitor told me I have been awarded all costs to be paid £1300. We requested it and he just ignored it then said he would appeal .but heard nothing about that . I need this money I don’t like fuss or hassle . I divorced for a peaceful happier life but ex is still controlling things just from a distance

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03 Jun 20 #512705 by jemma12345
Reply from jemma12345
how do i enforce and how much will it cost?

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03 Jun 20 #512706 by .Charles
Reply from .Charles
Once you've checked your documents let us know the order that the court made.

Charles

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05 Jun 20 #512721 by jemma12345
Reply from jemma12345
We were
advised by the Court that this means that the order for costs is stayed as per the
Certificate of Entitlement to a Decree. You will note that the Certificate of Entitlement to a
Decree states that the Respondent is to pay the costs of the Petitioner

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09 Jun 20 #512778 by .Charles
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It's still note clear what the order is. Can you find the wording of the costs order? It should say something like:

(1) "the petitioner's costs to be paid by the respondent, to be assessed if not agreed"

(2) "the respondent pay the petitioner's costs in the sum of £1300"

If the order is like (1) it's more problematic, if it's like (2) it's fairly simple.

Charles

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