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History: Home UK Divorce Forum
Costs (2 Posts)
Started By:
15 January, 2017 07:09PM
Mrsw - 15 January, 2017 07:09PM
I have sadly had to file for a divorce from my husband, for reasons I don't want to go into it was the only option. My husband was given an option to respond within 7 days and my solicitor would accept 50/50 of my costs otherwise it would be full costs for him to pay. I was surprised to learn he hadn't responded knowing what he's like about spending money on anything other than drink! anyway he has since tried to get the 50/50 back but the judge said no. I have made payments to my solicitor to act on my behalf and still have an outstanding balance, as he has to pay all my costs does that include my solicitor and will I get back the money I've already paid, the whole cost thing is very confusing.

Many thanks mrsw
Re: Costs
davidterry - 16 January, 2017 03:14PM
It isn't so confusing. If person X instructs a solicitor to issue divorce proceedings then person X will be responsible for paying the solicitor's costs because there will be a contract between them to that effect. It is like going into a restaurant. The person ordering the meal is expected to pay the bill (and can be sued for it). If a court then later makes an order that the other spouse pays X's costs that does not relieve X of the responsibility of paying her solicitor. If the other spouse does not pay X's costs as the court ordered then X can pursue that spouse to enforce the court order. However, pursuing a third party for a debt (which is what it amounts to) is separate from the divorce proceedings. Pursuing a debt might also take time and money. The debtor may also be unable to pay because he/she has no income or assets. Unless there is an explicit agreement to the contrary the person instructing a solicitor is responsible for paying that solicitor's costs. The person paying may or may not subsequently be able to get reimbursement from the other spouse but that is a separate issue.
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