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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2296
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My question related to the divorce process costs. I am the

Resolved Question:

Hello,
My question related to the divorce process costs.
I am the petitioner.
I have received a D61 form for order of costs supplementary to Decree Nisi. It states that the respondent shall pay my costs subject to detailed assessment if not agreed.The Decree Nisi was granted in February. I have emailed my STBX with my costs (£1500). He has not responded. We are currently going through the courts for the financial (AR) settlement.1. Should I wait for Decree Absolute before asking for these costs?
2. Should I put the £1500 on my form E as money owed to me?
3. How long can I wait before I seek to recover these costs? (he is out of work at the moment)Thank you.
Submitted: 8 months ago.
Category: Family Law
Expert:  Harris replied 8 months ago.

Hi, thank you for your question. In response to the specific questions:

1. No, you should ask for these costs immediately so that if they remain unpaid you can claim interest later

2. Yes, the £1500 is owed to you and should form part of the Form E

3. You may wish to wait until the financial matter is decided as the costs can be used as part of any negotiations and can be claimed from any of the respondent's assets.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you.

Customer: replied 8 months ago.
just to clarify, is the form D61 an actual order for costs? I know my STBX will not pay it willingly and I also know that he has no assets or income. There seems little point in trying to enforce it. How long is the D61 valid? Can I just hold on to it for lets say about a year and then try and enforce it (maybe when he has a job) or do I have to take steps to have the costs assessed and enforced now?
Expert:  Harris replied 8 months ago.

Yes, a D61 is a costs order and there is no expiry on it but you should serve him with it so that he is aware that it has been ordered. At the moment it would be better not to enforce it as it will be useful as part of the AR negotiations and settlement

Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2296
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
Harris and other Family Law Specialists are ready to help you
Customer: replied 8 months ago.
Thank you very much for your reply.

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