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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33950
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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UK Law - DivorceTerms of Settlement were negotiated which

Resolved Question:

UK Law - Divorce Terms of Settlement were negotiated which were formed into a Consent Order sealed by the Court. One of the terms was that the other party who's Gov Dept was under notice of closure would share 50% of their redundancy package. However, when this came to pass they tried to wriggle out. They made an Application to the Court which was served not on me but on a third party without an order for Substituted service. They informed me they received it and I wrote to the Court pointing out the matter had not been served per CPR 6.5.1. Despite the fact that no service had been made, they attended Court and the Judge threw their Application out and made them give an Undertaking to pay 50%''(and to provide documentary evidence of the payment to the them)''. That seems clear to me 50% and evidence of the same. Prior to the payment I received only scant documents of the likely payments despite repeated requests. One of these Indicated a sum as being X after tax. The payment made to me was only X - 12% and the only document given to me post payment was a page of their bank statement showing various sums of money being paid in - so no proof of how X - 12% came to be. Despite much correspondence they have refused to provide any further documentation so I have issued an Application asking the court for such Order, Direction or Hearing as the Court sees fit to compel the respondent to comply fully with their Undertaking to the Court. (Please note by the date of hearing 3 month will have passed from the payment to the hearing) Now my question is this - If the other party who was a Court Presenting Officer and holds a Law Degree decides to comply with the Undertaking do I get the costs of my Application £155 + 19 Affidavit swearing fee paid by them?? Do I withdraw the Application and might the court refuse bearing in mind that the Undertaking was breached as far as I am concerned. Also, if I instruct a Barrister to present my case for me, will I get his fee paid by the other party if they lose???


Yes, the other party hates having to pay and they are very defiant.

Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
For clarity are you asking what the position is if your ex actually complies with the Undertaking before the Court Hearing?
Clare
Customer: replied 3 years ago.

Yes, well that is part of it.


 


Now my question is this - If the other party who was a Court Presenting Officer and holds a Law Degree decides to comply with the Undertaking do I get the costs of my Application £155 + 19 Affidavit swearing fee paid by them??


 


Do I withdraw the Application and might the court refuse bearing in mind that the Undertaking was breached as far as I am concerned.


 


Also, if I instruct a Barrister to present my case for me, will I get his fee paid by the other party if they lose???

Expert:  Clare replied 3 years ago.
Hi
If the documents are produced PRIOR to the hearing then it is unlikely that a costs order will be made against your ex.
Withdrawing the application will not mean that the fee is refunded
If you do have to go ahead with the application then there is a reasonable chance of your recovering your costs including the costs of representation
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 3 years ago.

Thank You.


 


I do find it annoying that they can give the Court an Undertaking then ignore it and I have to spend hundreds to take them back to Court to get them to comply and I won't get repaid if they decide to comply. I believe that they have to do so a minimum of 48 hours before - is that correct??

Expert:  Clare replied 3 years ago.
Hi
There in no minimum - but if they only produce it on the morning of the hearing it is unlikely that the court will view that as reasonable
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33950
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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