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Costs of Divorce - help please

  • Katvondi
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11 Feb 10 #184640 by Katvondi
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Hi escaped

I feel for you and join the club!!! It seems that by being decent people we are going to be penalised. My ex never petitioned his ex cos he knew it would mean her having to pay all costs and we thought we had an agreement to pay havles - but some people seem to throw that out of the window.

We have put in a statement as to why we shouldn't pay all the costs but we don't hold out much hope tbh - but if we get anywhere we will let you know.

  • Elle
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12 Feb 10 #184681 by Elle
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escaped wrote:

Not sure if this is the right place to ask, but I'll try anyway:

What sort of reasons can you put forward to argue costs


I asked and was awarded costs on several occassions, reasons stated and argued were proven non dislosure, unnecessary delays, failure to comply with statute and instructions...hopefully Charles will be along with other possibilities...soz to dump this on you Charles ;)

E

  • .Charles
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12 Feb 10 #184725 by .Charles
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I think this relates to costs of the divorce suit rather than other issues such as Ancillary Relief.

There are a few questions flying around but here are a few basic principles:

(1) A Petitioner relying upon adultery which is not disputed is likely to receive all of his/her costs if the court is pushed to make an order.

(2) The court will accept financial means as a reason to vary the terms of payment therefore an order that payments can be made in instalments or to be deferred until the end of the Ancillary Relief proceedings is a possibility.

(3) The costs of a divorce for a petitioner range from around £900-£1500 - more if personal service was required. If the costs are defended and the Petitioner instructs a solicitor to attend the costs objection hearing, the costs could increase by £1000.

(4) It is better to try to settle the claim for costs by making an offer to settle in a fixed sum. If the costs are £1200, an offer of £1000 should be considered. The payment will be expected within 14 days unless your offer specifies otherwise.

Charles

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