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Order for costs - help needed

  • Yoga84
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23 Aug 12 #351495 by Yoga84
Topic started by Yoga84
Hi all, Im looking for a bit of advice please?

I have received my Decree Nisi today stating that there is a date for the Decree Absolute on the 20th September. Im fine with this as it will just go through I take it?

However, the letter also says that

"Any party to these proceedings may be heard on the question of costs at the hearing. A party will not be heard unless he or she has served notice of his or her intentions to attend the hearing and apply for or to oppose the making of an order for costs not less than two days before the hearing".

But then there is another letter that says

"Take notice that the disputed costs hearing of this cause will take place on 19th September"

So my questions are this:

1. At which hearing will costs be decided - the 10th or the 19th?

2. Do I have to attend the both/one/none of the hearings to appeal against paying costs? If I have to attend, which hearing do I need to attend?

3. If I can just send in a letter, how should I word the letter. I cannot afford to pay costs as I am on an IVA and have no disposable income at all!

4. Finally, we have yet to come to a financial agreement - can our Decree Absolute go through without this being in place?

Thanks so much for any help you can give me.

Alex

x

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24 Aug 12 #351699 by .Charles
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1. You mention the 10th and the 19th - where did you get the 10th from? Your post suggests that the costs hearing will be on the 19th and the DA will be pronounced on the 20th.

2. If you intend to dispute the costs you will have to attend on the 19th. You do not have to attend when the DA is pronounced.

3. The "notice of his or her intentions to attend the hearing and apply for or to oppose the making of an order for costs not less than two days before the hearing" can be a letter indicating your opposition to a costs order and seeking to be heard on the issue at the hearing on 19th September.

4. Either party can apply for a financial order after the Decree Absolute has been pronounced although such an application should be made prior to remarriage.

As you are on an IVA you can make representations to the court that you either (a) cannot afford to make any payment due to your financially straightened circumstances and - if (a) fails - (b) you should be able to pay installments of say £2.50 per week to discharge the costs.

Charles

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24 Aug 12 #351717 by Yoga84
Reply from Yoga84
Hi Thanks for the reply :-)

I got myself all confused last night as I was upset.

The first hearing is on the 10th (not the 20th) and that is the DN hearing not DA!

Then there is a hearing on the 19th about costs.

So I have to send in a letter before the 10th saying I will be opposing costs on the 19th and then attend the hearing on the 19th?

And in that letter I state that I cannot pay costs due to my IVA etc?

Do I also put in about paying £2 a week in that letter or do I wait until the hearing for that?

Sorry for all the questions but I really need to get this right.

Thanks again for all your help.

Alex
xx

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