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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.


Implementing order for costs

  • tinyladybull
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24 Aug 20 #513807 by tinyladybull
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Hi, sorry if its been posted before but I am finding the site difficult to search.

I was awarded costs last year at nisi stage. The respondent was given 3 weeks by the court to request to vary/revoke the costs before the Nisi was granted but they didn't.

On receipt of the absolute, I have made 2 requests for payment outling the costs which were just solicitor costs (giving them 6 weeks in total to repay). Do I now complete form N252? If so do I have to wait 21 days if they don't respond and then apply for N254 to get a default costs certificate?

I was represented by a solicitor until the nisi was received and then went LIP. Can I now add costs relating to me chasing the payment as well?

It is tempting to instruct the solicitor again to recover the costs as this is all a bit over my head! ;)

Thanks in advance for any help and advice!

  • .Charles
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25 Aug 20 #513820 by .Charles
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It depends what the costs order said. Did it specify a sum to be paid or did it say "costs to be assessed if not agreed"?

Did you pay a court fee for issue of the petition? If so, I assume you are claiming that too?

Charles

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25 Aug 20 #513833 by tinyladybull
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Thanks Charles. The costs are for the issue of petition and solicitors fees in relation to the divorce, submitted by my solicitor. The Order just states that they will pay costs and there is no text in relation to 'costs to be assessed if not agreed'.

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25 Aug 20 #513834 by .Charles
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Do you know the *exact* wording of the order?

If it just says the Respondent o pay the Petitioner's costs, or something similar, the costs will be subject to the assessment process as you suggest in your first post.

If that is the case, the bill will have to be properly served with form N252 and you wait for a response or for 21 days to pass.

Charles

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25 Aug 20 #513838 by tinyladybull
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Just that the respondent is ordered to pay the costs incurred on behalf of the petitioner.
So I’d have to do an N252 even if they had the 3 weeks prior to the nisi being granted to dispute the costs?

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26 Aug 20 #513846 by .Charles
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The exact wording matters I'm afraid - there are many variations.

Charles

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