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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35076
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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Clare The court has picked up its act, after some badgering

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Hi Clare
The court has picked up its act, after some badgering from me.
They've fixed a date this month for pronouncement of Nisi - I initially reserved right to costs - court has given me until mid this week (!) to apply for an order for costs.Could I ask you please- do I apply for costs merely by way of simple letter with attachments? Is there a succinct way to draft it?By way of attachments, I have copy petition (stamped with $410 fee), solicitor's bill and letter to ex in which we asked ex for a contribution to which there was no reply?3 copies to court and one to my ex cc his lawyer?I'd then have to attend court on the day as I understand it but I don't think it would take long.

That is good news.

You need to apply on a D11 and ask for Costs to be assessed if not not agreed

You will need to attend - and take with you the Solicitor's bill which must be limited to the costs of the divorce alone - not any financial or other negotiations

The court knows what the Court fees are!

Please ask if you need further details

Customer: replied 1 year ago.
That all makes sense - I had to send it off on Tues as it was due Weds (a clear 10 days before hearing) so I did a letter saying "statement of costs" and listed them as court fee (as you say, they know it!) and my legal fees of last year (I am not represented since last xmas) purely for NISI. So luckily, its roughly ok.
I did recorded delivery to court, ex and ex's legal firm.
I am planning to attend on the day.I got the D11 bit wrong - do you think they'll mind?
I dont see my ex attending due to cost of travel but can my ex send a response that the court can consider?
If my ex wrote about having no money, I would have though the court can make the order and leave payment until another stage of the process? (or is that too un-knowable for them to predict)....

The Court will take a written representation for your ex - saying that he cannot afford it will not be a proper defence

Customer: replied 1 year ago.
Royal Mail track says that the copy to my ex was not signed for, so they've left an attempted delivery card at his address and it will be at the sorting office nearby. From tracking I know his lawyer received it. Do you think the court would split hairs or be happy with the notification?

If they are the solicitors he is using for the divorce and they are on record at the court then that is fine

Customer: replied 1 year ago.
When I'm in court just for that costs matter (NISI) can I ask the judge toward the end whether an earlier date has been found for MPS or would that be considered cheeky?

It would probably be pointless the Judge will not know unless it is already on file - which is unlikely

However you can call into the Court Office and ask.

Customer: replied 1 year ago.
Ok I'll try as you suggest.
I'm told men don't pay their court orders, so if there is a costs order for my ex to pay, does it basically mean I'll be the one who has to enforce it as an unpaid debt but wait until after final hearing it might be factored in then?

You can enforce it whenever you wish - yo can attatch his earnings if you wish - or you can wait until the final order has been made

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