I have received my letter saying when the case hearing is going to court! It states in the letter that I must pay her costs. Is there anyway I can go against this as I do believe that I should not have to pay her costs because she has come out of the marriage with most things. There was not a house to split as we rented. But if she has the money to pay for cosmetic surgery then in that way my paying her cost go towards that! Is there also a way if i have to pay that i can spread the costs?
Ummm there must be a reason for this. Usualy each party pay's there own costs. What does your solicitor say? Did you contest the divorce? If you did then you usualy have to pay costs. I would ask a sol. Chris
I went to court to contest the costs issue. What a waste of time
Judge: Why do you think that costs should be shared
Me: I had grounds to divorce her
Judge: Which are
Judge: Do you have proof?
Me: Yes i have emails, phone records and the fact that he is now living with her. My wife will receive the proceeds from the house and has an income.
Judge: Sorry but in cases of Unreasonable Behaviour you have to pay the costs. Nothing you have said will make me change my mind
End of Chat.
Apparantly this lady judge is well known for her totally impartial view toward the male species.
I actually suspect that you have revceived the District Judge's certificte which lists the date of the Decree Nisi and states the DJ has considered that you should pay the costs BUT that in itself is NOT an order for costs.
One cheap fix is to pay the costs from the Joint Account:)
Seriously though there may be a chink of light here for you.
In our local CC the DJ's tend to take this view...that if say a Respondent turns up at the D/N hearing and wishes to be heard on costs...it is 99% certain that the Petitioner's solicitors will not attend and theoretically when you oppose the application for costs our DJ's usually make no order claiming as the application is an adversarial system and the Petitioner doesn't attend...tough!
Now that may not be the end of it.
When this happens many Petitoner's give up as the costs of persuing the matter outweigh the benefit....
but theoretically as the Petitioner had no notice of the opposition to costs save in the acknowledgement of service you may have said you opposed the issue and why....they might apply to the Court to set aside the no costs order...but if they do the court may make the petnrs solrs pay an applicn fee of £80!
If they do and attend Court...and you loose the issue the downside is the costs of the divorce say £500-£650 + VAT + Court fees in undefended case may increase.
It is a gamble but certainly one worth taking
At the worst you could always compromise if it is clear the Pet solrs are determined to proceed with costs claim.
If your spouse was legally aided and being advised under the legal help scheme the costs are MUCH lower say £150-170 inc as Court fees usually free.The reason for this is your spouse is technically acting in person and only entitled to costs as a litigant in person not at solrs rates:) The solr only assists in form filling
In that event it is hardly worth attg crt and challenging -it depends how much you value your time!