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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.


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Order of costs

  • Orangeone
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02 Feb 21 #515612 by Orangeone
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Hi guys

just a quick question, that you can hopefully help me with. Decree Nisi granted 11 Dec 2019 and Judge has ordered my ex to pay the divorce costs. Decree Absolute granted 10 Dec 2020 - yep ex dragged his heels and made the deadline with one day to spare. In the Consent Order the ex's solicitor but in a no order of costs. When I queried this with my solicitor, she told me this was a no order of costs against the cost of the consent order. And the order of costs by the judge for the divorce is separate and my ex will still have to pay the divorce fees. My solicitor told me that I will have to pay the solicitor and once the absolute is granted they will invoice my ex for the divorce costs, take off any outstanding bills and forward the rest to myself. My solicitor invoiced my ex on the 4th January 2021. As of yet he still has not paid. I've emailed my solicitor today regarding the divorce costs, she has informed me that I will have to pursue my ex through the county courts for the divorce costs. But she will send a letter to his solicitor to assist me . I just want to make sure that my solicitor is correct, that the no order of costs in the consent order only applies to the costs of the consent order and not also the no order of costs for the divorce.
thank you for your help

  • hadenoughnow
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03 Feb 21 - 03 Feb 21 #515619 by hadenoughnow
Reply from hadenoughnow
Your understanding is correct. The divorce and financial settlement are separate. You will have a costs order for the divorce costs. This is enforceable in the civil courts.

Ir is slightly surprising that the divorce costs weren't dealt with as part of the settlement though.

Hadenoughnow
Last edit: 03 Feb 21 by hadenoughnow.

  • .Charles
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03 Feb 21 #515624 by .Charles
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In my experience the divorce costs are rarely dealt with as part of the Consent Order.

The costs order would only be enforceable if it specified payment of a particular sum. If the order say "costs to be assessed if not agreed" there are a number of hoops to jump through before enforcement can take place.

Charles

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15 Feb 21 #515827 by Divorcingapp
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It said "cost to be assessed if not agreed" in my certificate of entitlement before Decree Nisi date. But STBX told court they want to object to cost order so Decree Nisi date cancelled and now waiting for new date for hearing.

Charles, does this mean if cost dealt with at court then i may not need to jumping through hoops you saying in your answer?

bye

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15 Feb 21 #515828 by .Charles
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The position is that you have claimed costs and the respondent has objected to the order for costs.

The court will decide whether there should be an order for costs or not. If the court decides that an order is appropriate the order will be made. However, the amount to be paid will not be decided unless you are proactive.

In order for the court to determine how much is payable it will need an account of the costs that you seek to claim. These should be detailed on form N260 statement of costs (summary assessment) which is available from the court website www.gov.uk/government/publications/form-...s-summary-assessment

Once completed you need to serve a copy on the respondent (or their solicitor if they have instructed one) and also file a copy at court - both copies need to be sent in not less than 24 hours before the hearing. I recommend you send it in about a week before. Ensure you mark the accompanying letter with bold lettering showing the date and time of hearing e.g. FOR HEARING LISTED ON ** FEBRUARY 2021

Ideally the costs issue will be resolved in your favour and the court will have the information available to determine the amount that is payable. If this is the case an amount will be fixed and would normally be payable within 14 days. If not, you can enforce the order using the debt enforcement process which is easy enough to follow.

Charles

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15 Feb 21 #515829 by Orangeone
Reply from Orangeone
Just to follow up on here, in my nisi there was an exact amount submitted for the cost of the divorce that my ex was ordered to pay. My solicitor sent him a letter informing him that he’s still not paid. The next day he spoke to her on the phone, how the conversation went I don’t know, but I do know my ex agreed that it would be paid that week. And within 5 days the money was in my bank account. I can only assume that because there was a no order of costs in the Consent Order, he assumed that he didn’t have to pay.

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15 Feb 21 #515830 by Divorcingapp
Reply from Divorcingapp
Thank you again.

Do i still need to fill N260 if in my Decree Nisi application i specified i am seeking 550£? I also explain what the cost is for in email to court when STBX's solicitor sent email to court of their intention to object to cost.

I worries STBX will send me same with lots of cost but that is not fair because who wants to live with abusive person?

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