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SASH_Law
SASH_Law, Lawyer
Category: Law
Satisfied Customers: 2494
Experience:  LLB (Hons)
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I have a question relating to the cost of divorce

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Hello, I have a question relating to the cost of divorce proceedings, can you help?
JA: What steps have you taken? Have you filed any papers in family court?
Customer: We are divorced, we have the Decree Absolute dated 9 January 2020 and we have a Consent Order sealed by the court
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: My ex-husband's solicitor has contacted me today asking me to pay the cost of the divorce applications and the cost of his legal fees in relation to the divorce (a total of £1450), however our consent order states that 'The parties agree that the terms set out in this order are accepted in full and final satisfaction of: ....... e) All claims in respect of legal costs including those of the divorce/dissolution pro Sorry, last word should have been proceedings
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Do I have to pay for this service?

Hi, I'm Lea

Can you attach a copy of the consent order please?

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Customer: replied 5 days ago.
Hi Lea, Please find attached a copy of the Consent Order. Thanks

Thank you.

I have read through it and can confirm that your understanding of the order is correct - it closes all claims against each other, including the costs of the divorce.

In fact, the order itself clearly states 'no order as to costs'.

You are therefore free to inform his solicitors that you will not be meeting any share of the costs as the matter is closed.

Customer: replied 5 days ago.
Thank you very much, can I just 100% double check that I do not need to pay the costs as in the Decree Nisi it states "On the 22nd July 2019 the Deputy District Judge upon making the Decree Nisi ordered that the respondent pay the costs incurred on behalf of the Petitioner in this cause to be assessed if not agreed." But does the consent order supersede this? Thank you

Hmm, that's a little bit more difficult, as court orders stand on their own so the previous order for costs might stand - but for the fact that the consent order specifically states that no costs are ordered and the clause specifically states 'all claims...including those of the divorce...'. I'd argue that this clause does negate the earlier order, but it would be for a judge to decide one way or the other.

I'd suggest you tell them you are not paying as per the clause in the consent order - if they disagree with you, then let them take it back to court for a decision.

SASH_Law and 4 other Law Specialists are ready to help you
Customer: replied 5 days ago.
That's really useful, thank you very much for your help.

You're very welcome.

I hope it all turns out well for you.

All the best.