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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.


Costs Order - Help

  • Wrighptd
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19 May 21 #516760 by Wrighptd
Topic started by Wrighptd
Good Evening

I am the respondent on divorce proceedings. It’s taken over a year of back and forth to get to a financial settlement agreed, and in the meantime the divorce was petitioned in April, i responded the same day as I received it, saying I did not agree but was not defending the groups.

I have received nothing further until yesterday when I got a notification via the only court service that the Nisi was granted along with a cost order.

the costs order is for £1270 I have received no details of how this figure has been plucked from the sky and from reading on here I am thinking I should have received a copy of form (N260) before hand.

my questions are

am I stuck with having to pay this now the order has been granted, kind of expected the £550 court fee but the rest seems excessive ,

do I pay it direct to the ex via bank transfer

can I request that this amount is deducted from the financial settlement which I am due in return for signing the house over, given limited access to pay this within 14 days

thanks in Advance

  • .Charles
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20 May 21 #516764 by .Charles
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You probably ought to have received a copy of the N260 but different courts have different practice directions and it may be that the judge ordered that the form be submitted and s/he would make a determination of costs without input from the parties.

The figure of £1270 is £600 + VAT + court fee which quite reasonable to be honest.

The standard direction is 14 days from the date of receipt of the order. You are stuck with that.

However, if you don't pay the other side has to go down the enforcement route which takes time and money. This is where communication is key.

You should reach out and and ask for the monies to be deducted from your financial settlement on the grounds that you don't have funds to discharge the order. That will you some time.

If your ex is using a solicitor (for the divorce/finances) you should write to them in the first instance.

If you show that you are committed to discharging the liability it would disproportionate to commence enforcement proceedings so approach with open hands and see where that gets you.

Charles

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20 May 21 #516765 by Wrighptd
Reply from Wrighptd
Thanks Charles that’s really helpful.

We have come to a financial agreement in that I sign my ownership of the property (currently has 65k equity) in return for £10k payment, it’s not the ideal settlement but I feel that trying to fight it any further would just cost more in legal fee’s and prob not go my way given she has the kids for the greater period of time

I will email her soliton and propose that the cost order is deducted from the financial settlement and see what they say,

I am right in thinking that I can not be made liable for her costs in relation to financial settlement as it’s taken a year and many many solicitor letters back and forth, I have not had a solicitor and done it all myself (apart from a couple of sessions for advice)

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20 May 21 #516768 by .Charles
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The financial agreement you have would specify if there is to be a costs order payable from one party to the other.

In family financial proceedings the general rule is that each party bear their own costs therefore I would expect there to be an order along the lines of "no order for costs".

Unless you have expressly agreed to pay costs there would be no reason for there to be an order that you pay them and it would bad form for a solicitor to add a costs order in, particularly if the order is being made by consent.

Charles

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21 May 21 #516776 by Wrighptd
Reply from Wrighptd
Thanks Charles, I appreciate your knowledge and helpful comments

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