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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2849
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I received Decree Nisi dated 26th April 2016, with the

Resolved Question:

Hi,
I received Decree Nisi dated 26th April 2016, with the statement "The District Judge upon making the Decree Nisi ordered that the Respondent (myself) pay the costs incurred on behalf of the Petitioner in this cause to be assessed if not agreed". My solicitor says that this is just bog standard wordage, but I have been doing some further reading. I am of the belief that I am liable for my wife's solicitors costs. Is this correct or does it mean if I don't agree to the nisi, then I am liable for the cost of her application.
Please note I am in full agreement of the divorce.
Thanks in advance
What else do you need to know
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Your solicitor is correct that the wording is "standard" as the petitioner would have applied for a costs order alongside the decree nisi. Furthermore, you are correct in stating that you would be liable for the petitioner's legal costs and court fee which are limited to the divorce application work only. It is for the petitioner to serve you with a bill which you will need to either agree to, or if work is unreasonable then it is for the court to assess whether the work claimed is reasonable.

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Customer: replied 1 year ago.
Many thanks for the reply.Just as a point of note I am actually paying c. 750 GBP pcm into a joint account for the purpose of solicitors fees etc. The amount accumulated so far is around 4500GPB. I am also paying my wifes bills of c. 450 GBP until December this year. This has been noted by my solicitors and have been told that this will actually hold me in good stead for court proceedings etc.
Expert:  Harris replied 1 year ago.

Thank you - unless there is a court order in place for other costs, you are not legally liable to continue to pay her legal costs.

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Customer: replied 1 year ago.
I appreciate that. There are no court orders in place and I understand that I am not legally liable to pay her bills, even if she is still in the matrimonial home, with no mortgage. However, out of goodwill or guilt on my part I have agreed to pay until December as my employment contract comes to an end.I have been told by my solicitor that this will look favourable and will actually be taken in to account when settlement etc is being sorted out. Please note that my kids have left home and my wife is in employment.
Customer: replied 1 year ago.
The amount of c.4500 GBP that is in the joint account, could I draw this out and put in my own saving account, as the only money that has gone into that account has come from me. That way I am in effect protecting myself financial for the costs, should I not be liable.