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Clare, Solicitor
Category: Law
Satisfied Customers: 34905
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My ex wife was instructed to pay all divorce costs, she proposed

Customer Question

My ex wife was instructed to pay all divorce costs, she proposed to pay £40 per month until the debt was cleared. She claims this is all she can afford, despite posting all over social media or foreign holidays and weekends in London, enjoying a lavish lifestyle. (she is self employed and works with cash - draw your own conclusions)
I agreed but however stated that if monthly payments failed to be made or were late, the full outstanding amount would be due. She failed to make payment on the 1st of this month and I informed her that I would be seeking to recover the money owed via other channels. Again she agreed to this. What is my best option next? Small claims court? Bailiff?
Many thanks
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstWhat was the wording of the Costs Order
Customer: replied 2 years ago.
Attached are the documents submitted when I attended court, one is the cost I was claiming. Yet later agreed it would just be the £410 divorce costs. The official documents as you will know are from that attended hearing in which the divorce was approved and respondent was to pay costs. According to my ex wife she sought legal advice advising she only had to pay the £410 divorce costs, is this correct m.Hope this helps thank you in advance
Expert:  Clare replied 2 years ago.
For clarity - you dealt with all the paperwork for the divorce yourself?
Customer: replied 2 years ago.
Yes that is correct I dealt with all the paperwork for the divorce myself as I could not afford the solicitors fees. I also had to arrange for the courts bailiff to summons my ex with the divorce due to ignoring previous letters sent directly from the court.
Expert:  Clare replied 2 years ago.
Then I am afraid that your ex is correct - the only costs she has to pay are the Court fees - you cannot claim the costs of your completing the forms etc.
However the fees do include the Petition fee, the Bailiff fee and the Decree absolute fee
If she doe snot pay then you can go back to the family court and apply for the enforcement option of your choice!
I hope that this is of assistance - please ask if you need further details
Customer: replied 2 years ago.
The fees for the divorce were all inclusive of the absolut fee. As she has renaged on the agreement I am wanting to pursue the bailiff fee. Also if applying to the courts to have the costs sorted will I be able to claim any additional costs back? Can you tell me which form I need to complete to apply to the court please?
Expert:  Clare replied 2 years ago.
You do not need to go back to court.You have a costs order and since you are acting in person that means the court fees onlyYou can simply apply to enforce the order