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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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My son is the respondent in a divorce case and he is

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My son is the respondent in a divorce case and he is conducting the case without a lawyer. The applicant, who is legally represented, has not requested that he pays her costs. During the first hearing (when my son objected to the applicant having the services of both a solicitor and a barrister) the judge said that he shouldn't worry as "These days both parties tend to pay their own costs". However,if the final judgment is that all assets are divided equally (which is likely) the applicant's assets will be dissipated by her costs of around £8000, which means that my son will effectively end up paying £4,000. My question is, is there any legal provision in Family Law for adding back such costs to the applicant's assets before the division is made?
Hi, thank you for your question. The court has to take into account the legal costs of the party - and each party should be filing a Form H at each hearing outlining what they have spent on legal fees. Unfortunately, the court will not "add back" such expenses to the assets when deciding on the division as it would be reasonable to expect parties to spend money on legal fees.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
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