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Legal matters

Seeking costs in divorce, do I pay up front then get it back?

10 replies

FannyBazaar · 28/01/2013 23:42

I am in the middle of a divorce. STBX is not cooperating and doing nothing to expedite proceedings, he's not in disagreement, just not doing anything at all, not responding. I started off trying to self rep but I reached the point where it became too complicated so have now handed over to a solicitor.

I am seeking costs from STBX, originally it was to be either split or he had agreed costs but then he didn't do anything.

I have now received a request from the solicitor to settle for the work to date and pay more for coming work.

Is this normal that I have to pay up front and then try to get the costs paid by STBX after?

OP posts:
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Collaborate · 29/01/2013 01:24

This is normal. You have asked them to do the work, so you should pay. If you recover it from the other side, that's a bonus for you.

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FannyBazaar · 29/01/2013 07:32

Thanks, I did assume I paid a bit up front and the bill at the end paid by STBX, should have checked that before.

OP posts:
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babybarrister · 29/01/2013 07:39

This reply has been deleted

Message withdrawn at poster's request.

MOSagain · 29/01/2013 08:17

agree with the others. You have to look at it as a bonus if he pays as they don't always, despite being ordered to. Good luck

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digerd · 29/01/2013 18:25

Why is there no enforcement for these "orders"?

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babybarrister · 29/01/2013 18:41

This reply has been deleted

Message withdrawn at poster's request.

Collaborate · 29/01/2013 19:11

The cost of representation to enforce a costs order are largely irrecoverable from the defaulting party, making it uneconomic to enforce costs orders for relatively small amounts. I personally prefer warrants of execution (AKA getting the bailiffs in).

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digerd · 29/01/2013 19:30

Ah yes, the intrepid, tenacious Bailiffs is the best course of action.
Are Civil court Judgements enforcebale, with ever increasing and continous enforcement fines paid to the Plaintiff/defaultee(ed) as in Germany?

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digerd · 29/01/2013 19:32

And the Defaultee pays all the costs, including solicitors costs.

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digerd · 29/01/2013 19:34

opps " Defaulter"

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