Ex contesting costs order at decree nisi hearing.

Thanks, my stbx had been hitting me for months and humiliating and insulting me about my background. one day stbx started hitting me again and i put my hand in way to stop. stbx realised i was not taking it anymore and called police and flipped the whole script by saying i hit stbx. they took me away and interviewed me. i didn't tell them what happened because i was worried they will take my baby away. they released me and gave me off-record advice and assured me anything i said would not be recorded.

they said they didn't believe stbx and found stbx's story lacked credibility. they told me they suspected i was not telling them something. i said i just want my baby and want to go home. they told me i should open up but i said i just want to go. in the end they advice to divorce my stbx for my own safety.

this is how my stbx got legal aid for children matters. i dont know if they getting for divorce.

Hello,

the cost objection hearing is due next week. Initially my stbx refused to pay the divorce application cost and that is why the hearing next week has been listed. However, with less than 10 days before the hearing, my ex's solicitor is contacting me to state my ex willing to pay half and will have to obtain a loan to do so (i don't believe this).

the solicitor wants me to agree to this offer so that a Consent Order can be drafted and wants to vacate the hearing. However, i need my Decree Nisi so do not want to let the hearing be vacated.

Am i correct in understanding that the decree nisi will be pronounced at the hearing too?

I would be grateful for urgent response

If you reach an agreement the parties would communicate this to the court and the parties would no longer have to attend.

This means that the Judge does not have to deal with the contested issue and can issue the decree nisi along with the agreed costs order.

If you are minded to agree the offer in relation to costs ensure that a timescale for the payments and that the whole outstanding amount is to be paid within 14 days if the Respondent defaults on any of the instalments.

Chaarles

Thanks for the prompt response Charles.

The STBX legal reps have a poor track record of doing things properly. Can i choose to ignore their attempts to negotiate and wait until the hearing where i can raise the proposed offer and if i'm happy agree to it then. This will ensure the DN is pronounced on the day too rather than delaying the matter further.

What are your thoughts? my priority is getting the DN

The reason that your case is in the court diary is to issue the decree nisi. That will occur no what what else happens.

Normally the judge would deal with the DN as 'boxwork' which is the legal process when the parties are not required to attend. It is only where there is a dispute that the parties' attendance is required hence the hearing to resolve the costs dispute.

If the dispute can be resolved the hearing can be vacated and the DN will be processed as box work as it would have been previously.

You are on dangerous ground by forcing the hearing to take place in order to accept the other side's offer. If I were in their position I would be seeking costs of attending the hearing against you.

In reality if you only ever wanted the court issue fee I think that is a reasonable position. You could offer to agree to vacate the hearing on the basis that your ex pay the court fee. It won't cost you any money to attend the hearing as a litigant in person but it would cost your ex money to have his solicitor attend. We are talking about an insignificant amount of money (in the Court's eyes) and it's not worth going to a hearing.

As far as your ex being able to afford payment, he sees fit to spend money on a solicitor in order to offer £275, payable by instalments. How much is he paying the solicitor? Why should you have to wait for payment?

Charles

Hi Charles, thanks again.

STBX is claiming to be getting assistance from solicitor using "legal help file". Not quite sure what that means.

Right, so if DN will be issued on same day even if hearing vacated then i may be inclined to agree before hearing. However, agreeing half cost suggest i'm accepting i was to blame for divorce too. However, STBX is the one who is abusive, dishonest, disloyal and deceitful and i literally did nothing. In fact, STBX wants to get back with me but i don't want to.

Legal Help is a type of legal aid. If he is entitled somebody somewhere has assessed his income as being very low.

Accepting half the costs is not accepting blame. Your petition has been accepted, based upon the respondent's behaviour. The costs issue has no bearing on the situation.

Charles