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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 letter to solicitors

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28 Mar 21 #516300 by .Charles
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If your solicitor is on the court record that means that stand in your shoes and incur costs as you would. If that is the case, you cannot claim costs in addition to your solicitor - that would be duplication.

In relation to what costs you seek to claim, you should claim 'costs of and incidental to the application'.

This means that if there was some chasing following by an indication that an application would be made, possibly more chasing, then an application - all of that can be claimed as it would be have been unnecessary had there been compliance.

Charles

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28 Mar 21 #516306 by Destinyhelp
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Thanks Charles.

We have claimed for costs in our application as you have rightly put it would have been unnecessary if there had been compliance.

Re: replies to schedule of Deficiencies, if we are not receiving timely responses or the replies are still vague, would we need to make another costs application at every stage? The current application we just submitted last week is more for the delay (over 2months) in receiving crucial title deeds for his properties abroad. We doubt he will even provide these per the Order his solicitor keeps saying will be provided in due course hence our application to the court flagging non compliance and seeking costs.
Thanks as always Charles.

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29 Mar 21 #516309 by .Charles
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If there is non-compliance an application can be made to the court for directions. The management of the case is of paramount importance to the court as it should be for the parties.

As I've said the costs are incidental and you can ask for these when making an application (it's not an application for costs, it's an application for directions/penal notice/committal with an order for costs).

Any application to court must be proportionate. For instance, if a party is a day late with documents, it would be ill-advised to apply to the court for an order as this is a waste of court time.

If however, a trial is listed for 3rd May and documents were due by 15th March, an application would be proportionate as the trial is in jeopardy given the non-compliance - and crucially there is still time to do something about it.

Charles

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29 Mar 21 #516316 by Destinyhelp
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Thank you Charles.

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