STBX claiming for costs - what to expect?

Hi,

I am a Petitioner in divorce, but my STBX has put in a claim for Maintenance Pending Suit, with the hearing scheduled for tomorrow.

I tried my best to setup mediation, and to negotiate bills etc, but she was having none of it. She seems set on confrontation.

Tonight I received a letter from her solicitor, detailing her costs incurred so far (getting on towards £4k, just for the maintenance pending suit action), and stating that their client is able to seek costs.

I took this simply to be an intimidatory tactic, the eve before a hearing, but to reassure myself I asked a question of my network of friends. I could only come up with a brother of a friend of a friend that went through a similarly bitter divorce, with a wife hell bent on destroying him, whatever the cost. To my surprise, he had costs awarded against him.

I have done some searching of the boards tonight, and see similar instances of costs being awarded.

I would therefore appreciate some guidance on how courts might arrive at such a decision.

Like I said, I have gone to extreme lengths to get mediation set-up, and negotiate bills; and included huge amounts of evidence of these facts in my statement.

My STBX on the other hand has been almost completely incommunicative, has hidden post (hence the mediation not taking off), and stolen over 5k of mine from a bank account, via a card that she had been asked to destroy.

I can''t see any logical reason that I would have to pay costs, although the argument that seems to be given (and which I see repeated on here) is that I earn far more than her (I debate this, but that is a different matter altogether).

Any advice would be gratefully received.

Thanks in advance.

Hi paraclete,

Sorry to hear you received that at the eleventh hour, it really does throw you, everything my ex did arrived the night before or handed over just as I went into court.

MPS is one of the few financial orders where costs can and do get awarded as a matter of course. It could be advantageous to you if you are able to demonstrate the lengths you have taken to resolve issues with out the need of going to court.

If you have only just been notified of the MPS hearing, you need to inform the judge.

Sorry, this is not what you needed to hear but, better to be fore-warned. Good luck with the hearing, I hope you will be able to dispense with the costs order.

Best wishes,

NWTT.

Thanks NWTT.

Yes, my statement and exhibits run to 200 pages, and includes all of the email correspondence with STBX in respect of trying to come to arrangements on bill payments, mortgage, and mediation. Her solicitors insisted that none of this took place, so I included it all, and have detailed cross-referencing from my statement to the exhibits.

Will this be sufficient?

She really does seem hellbent on confrontation, and now wants me to pay for this. I can''t understand how such a system can be right.

Thanks again.

Hi,

Have you done a concise statement of issues? MPS hearings are usually short and the judge will not have time to read 200 pages.

If you can set out the salient points, double spaced on no more than 2 sides of A4 ( two separate sheets, written only on one side).

Take the rest with you so that you can give it to the judge should s/he ask for it.

I hope you have time to get this done before you have to leave for court. Pick your battles, put the most important points first.

Best wishes,

NWTT.

Hi NWTT,

Yes, there is a summary of the issues within my statement, covering a little less than 2 sides (not double spaced though). This cross references to separate sections, each giving more detail on the various points; these sections in turn cross-reference to the evidence that is attached. Like I said, there are around 200 pages.

Thanks again, will let you know how I get on.

Thats good, looks like your well prepared, put your statement on the front so its seen first.

Good luck, I will be keeping everything crossed.

NWTT.

Thanks NWTT. Not sure what you mean by my statement at the front tho?