A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Mon/Fri 9am-6pm       Sat/Sun 2pm-6pm
Call for FREE expert advice & service info


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.


Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


My sols has agreed no costs ...

  • beckster2
  • beckster2's Avatar Posted by
  • Senior Member
  • Senior Member
More
07 Nov 07 #6081 by beckster2
Topic started by beckster2
my x2b decided not to continue with court proceedings, his solicitor asked for a discontinuation on a no costs basis. My solicitor has agreed to this without consenting me - where will this cost end up, on my legal aid?

  • DownButNotOut
  • DownButNotOut's Avatar
  • Visitor
  • Visitor
07 Nov 07 #6088 by DownButNotOut
Reply from DownButNotOut
beckster,

Sorry i dont remember the background to your case, for example who is applicant and who respondent.

But....

It sounds like he has pulled out from the court proceedings so long as you agree that he doesnt have to pay your costs.

As both sides these days usually pay their own costs I don't think this is such a big deal.

So i assume the costs you are concerned about are your legal costs...which will be part of the costs covered by your legal aid.

All this change means is that your bill should be lower than it would have been if you had both carried on battling through the courts.

Your solicitor should have checked with you...but in the end i think the whole thing sounds like good news for you. Isn't it?

  • beckster2
  • beckster2's Avatar Posted by
  • Senior Member
  • Senior Member
More
25 Nov 07 #7633 by beckster2
Reply from beckster2
hiya, sorry for delay in replying - by the time I've finished work and my little one there's just not enough hours in the day!!

I think I am the respondent, he committed adultery!

My x2b cancelled the court case for custody, he realised he didn't stand a chance - basically he wasn't getting his way so he tried to intimidate me by court action.

My sols has been worse than a 'chocolate fireguard', I knew the case was cancelled before him, I informed him it was cancelled. I wrote to inform him that my x had stopped mortgage payments, after a week he failed to reply, he failed to call despite messages left for him so I sacked him. In the menatime he'd sent out a letter to my huband's sols agreeing no costs, he never spoke to me about this, is that ethical, can he do that?

This week I've had a letter from my sols askihng if the case is closed and assuming that i've rec'd the order from the court - I have not.

Any advise on what I do about all of this?

Cheers
Becky x

  • attilladahun
  • attilladahun's Avatar
  • Platinum Member
  • Platinum Member
More
25 Nov 07 #7637 by attilladahun
Reply from attilladahun
In children proceedings there is a presumption of "no order for costs"

It can be displaced on "rare" occasions.

Clearly your solrs should have consulted you but in reality why would they not think you would want an end to the proceedings.

I personally would have had the solicitors ensure in the Consent Order that He agreed that in the event of any disagreement on children matters in the future the parties mutually agree to refer to mediation.

If not done yet insist on this as it will save cost in the future.

Actually when you say the case was cancelled it actually requires leave of the Court/ permission to withdraw the application

Hope this help

  • beckster2
  • beckster2's Avatar Posted by
  • Senior Member
  • Senior Member
More
25 Nov 07 #7652 by beckster2
Reply from beckster2
I think that helps - I'd best contact the court on Monday and see if i can get a copy of the 'order' that I've jnever received.

What do you mean by 'displaced'?

Thanks for advice luv

  • attilladahun
  • attilladahun's Avatar
  • Platinum Member
  • Platinum Member
More
25 Nov 07 #7664 by attilladahun
Reply from attilladahun
displaced or overturned...rare though...

Courts are so understaffed nowadays

Can you believe it our local court opens mail stamps it and gets round to filing it for action 20 or so days later

Many of the Courts are the same:(

Best of luck

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11