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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Is it right I am being forced to pay bill husbands divorce

Resolved Question:

is it right I am being forced to pay bill for my husbands divorce costs when he petitioned without telling me?
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. The petitioner is entitled to apply for the costs of the divorce (so court fee and legal fees limited to the divorce only) from the respondent and the court will give you the opportunity to state in your acknowledgement of service if you oppose the costs.When he applies for decree nisi he is to state that he intends to pursue a costs order, and if you oppose this you should inform the court and request that an oral hearing be listed on the date of decree nisi pronouncement to oppose costs.If you found this information helpful please provide a positive rating. I will not be credited for answering your question without a positive rating. Thank you
Customer: replied 1 year ago.

have already had decree nisi but I was too stressed to go to court and backed out at last minute for health reasons. Today is the day he can apply for the absolute if he wants but I have already been told to pay 3 days ago sum of £1010 by his solicitor and threatened with enforcement proceedings otherwise.

Expert:  Harris replied 1 year ago.
Unfortunately, the time has now passed and if the Court has made a costs order alongside the Decree Nisi then you cannot overturn this. It would be for his solicitors to pursue enforcement if you do not pay.I appreciate that this may not be the answer you would have hoped for, but if you found this information helpful please provide a positive rating. I will not be credited for answering your question without a positive rating. Thank you
Customer: replied 1 year ago.

surely his solicitors could look at options for payment in instalments rather than outright payment I cant afford. The bill is in his name sent by email shouldn't it be in writing sent to me?

Expert:  Harris replied 1 year ago.
Service of the bill by email is fine.You should propose reasonable payments in instalments. Even if they pursue enforcement and you are unable to pay then you would be proposing instalments so they should accept it.
Customer: replied 1 year ago.

so if I propose to pay by instalments they have to back off from pursuing enforcement? they did not wait for me to receive the decree absolute first which is normal procedure, and have been pushy by asking for this early.

Expert:  Harris replied 1 year ago.
It is unlikely they will pursue enforcement if you make a reasonable proposal as there will be costs to enforcement which they will likely wish to avoid
Customer: replied 1 year ago.

the bill is £1010. Is £50 per week reasonable? How much does enforcement cost and would I end up being forced to pay that too?

Expert:  Harris replied 1 year ago.
I am not sure if that is reasonable as it would take 2 years to pay that off. If they pursued enforcement they will likely add those costs on top.
Customer: replied 1 year ago.

what amount do you suggest is reasonable?

Expert:  Harris replied 1 year ago.
An amount each month that would settle the total in a few months, so something between £200-300 per month, but this will be for them to agree as reasonable.
Customer: replied 1 year ago.

Thanks £50 per week is the same as £200 per month but I will suggest £200-£300 to be on the reasonable side as they have been very unreasonable and not followed procedure throughout, worthy of reporting to SRA.

Expert:  Harris replied 1 year ago.
Oh, sorry! I read that as £50 per month. But yes, £50 per week is reasonable.
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