''In needs-based cases it is common for the court to make provision for one party even if this is to the detriment of the other party. An example of this is with the above example of the wife needing £10k perhaps to provide a home for herself and the parties'' children. If there was only £15k in the matrimonial pot, the court may well give her all of the money to allow her the £19k she needs plus the £5k to pay off the costs.
This is what we would call "a costs order by the back door". It''s unfair but that is the situation a lot of people face as a lot of people can only afford to get onto the housing ladder whether purchasing with another party - usually a spouse but, more frequently these days, a parent.'' - Thanks for this Charles
I started a new thread as this is very interesting.
What defines "need based"?
A 4 bed can be provided for 230-250
she has mortgage capability of 120K
A deposit of 200K (if I get the 70K I am pushing for)
Liabilities of 30K (including legal)
Would she be able to file for costs based on the infor above?
Needs based means that the judgement is made based on the needs of one of the parties. Usually it is relevant when one party has the majority of the assets/income and the other has significantly lower. Such as in the example you quote, if the wife has no income and needs £10k cash in her hand to buy a new house, if she also has £5k solicitor bill to pay, then she would need a total of £15k to pay off the debts and be re-housed.
It''s not actually a "costs order" and is not officially filed for, since a costs order is very rare and only granted in exceptional circumstances. It is simply the wife saying "I need £X to re-house". That figure X is required to pay off her debts/costs and buy the house.
I say "wife" because it is usually the wife who has less assets and income and is the PWC therefore has the greater "needs", but it can of course be the husband too.