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plclegal
plclegal, Barrister
Category: Family Law
Satisfied Customers: 7996
Experience:  Barrister at law
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What does this mean on the pronoucement of DECREE NISI sent

Customer Question

what does this mean on the pronoucement of DECREE NISI sent to me.Order for costs supplementary to decree nisi
On making the decree nisi, District Judge McCabe orders that respondent pays the
petitioner’s costs, such costs to be agreed and if not agreed to be subject to detailed
assessment by the court.
Submitted: 6 days ago.
Category: Family Law
Expert:  plclegal replied 6 days ago.

Hello, my name is*****’ll do my best to assist you today and I’m sorry that you are going through this. I appreciate that is is important that you find a resolution as soon as possible.

Please bear in mind though that this is an email service and not live chat and therefore I may not respond immediately.

Please note that our discussions on this site are for general information purposes and do not create an lawyer-client relationship. It is always recommended that you consult with a local solicitor for specific legal information. You may receive a phone call request which is from the site, not me, and you may choose to ignore this request.

I'm reviewing your question and will revert back to you shortly. Please do not wait on line for a response, you will receive an email notification from JustAnswer to tell you that I have sent a reply.

Please be patient with me as I am generally assisting multiple customers at once! Thank you.

Customer: replied 6 days ago.
ok, thank you
Expert:  plclegal replied 6 days ago.

Can you clarify that you are the respondent?

Was this an unreasonable behaviour petition?

Did the applicant (if you are the respondent) engage a solicitor to file the petition?

Customer: replied 6 days ago.
Am the respondent
Customer: replied 6 days ago.
No it was NOT unreasonable petition
Customer: replied 6 days ago.
No she filled the petition herself
Expert:  plclegal replied 6 days ago.

OK thank you. Then the costs referred to are only the application costs, of £550. That's good to know to start with.

What grounds did she file the petition under? Did she tick that she wanted you to pay the costs and did you object to paying the costs in your response form?

It would be unusual for the court to make an order for costs unless one party has asked for this. It's also not normally awarded in a no fault petition, such as separation by 2 years' consent.

You can object, of course, it will just help me to know the above before advising. Thank you.

Customer: replied 6 days ago.
She is using a solicitor for financial separation now and has file a financial order
Customer: replied 6 days ago.
Divorce It's based on fives years separation.
I agreed to pay part of cost of application for the divorce in good faith. I categorically objected to paying her legal fees.
Expert:  plclegal replied 5 days ago.

Thank you for clarifying.

This costs order relates ONLY to the decree nisi application. If she has made this herself the only costs ordered would be those that you agreed to pay, i.e. the £550 for the application fee.

You need to confirm this with her. There really would have been no need for her to instruct a solicitor to file the application for decree nisi - it's two straightforward pieces of paper.

If she is asking for more that the £550 fee, then you can file an application to court for the judge to decide the amount that should be paid (the is what "to be assessed if not agree" means). You would do this with a D11 application, here:

https://www.gov.uk/government/publications/form-d11-application-notice

I hope that this answers your question?

Thank you for your enquiry today. I am happy to answer follow-up questions - please do get in touch with requests for extra information or further queries and I will do my best to help you.

Customer: replied 5 days ago.
it does
thank you
Expert:  plclegal replied 5 days ago.

Happy to help. Thanks for your question today.

Expert:  plclegal replied 5 days ago.

Thank you again for visiting JustAnswer, please do let me know if you have any additional questions in the future. I am also happy to answer any new questions on other topics that you may have, you can request me by putting “for PLCLEGAL” at the start of the new thread. Best wishes, Peter