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History: Home UK Divorce Forum
Application for costs (6 Posts)
Started By:
13 March, 2017 04:02PM
Application for costs
Nitanoo - 13 March, 2017 04:02PM
If my divorce goes to court hearings can I claim my costs back from my ex? I've been told no by my solicitor but another source has said yes I can. Confused!
Re: Application for costs
davidterry - 13 March, 2017 05:45PM
You have a solicitor whom you are paying for advice. You have found 'another source'. How many more 'other sources' do you want?
Re: Application for costs
Nitanoo - 13 March, 2017 08:31PM
The other source was a solicitor so what I'm after is for some help in whether or not I can apply for costs. Is that not what this site is for?
Re: Application for costs
Bubblegum - 13 March, 2017 09:13PM
Often there isn't a winning/losing scenario in financial proceedings - unlike other litigation proceedings. Getting costs is not the norm. We don't know the particulars of your case. There are rare circumstances where a costs award is made but from what I've seen it's far from the normal expectation. I wouldn't hold out for getting any of your costs back if I were you. If you do, consider yourself lucky!

I was awarded costs for my ineffectual FDR hearing due to my ex's litigation conduct, non disclosure and failure to attend the FDR. So as you can see this is not normal circumstances. So while it's not impossible, it's probably rather unlikely. I would guess the solicitor who has conduct of your case and knows the details would have said 'no' based on the fact that there are no 'extreme' circumstances to warrant departure from each party paying their own costs.
Re: Application for costs
Nitanoo - 15 March, 2017 09:15AM
Bubblegum, thank you so mucheck for clarification. My solicitor told me I couldn't claim but didn't tell me why & I really appreciate your reply. In the world if solicitors & divorce I am just so lost & wanting g to keep my costs down but it's so difficult. The only people making money are the lawyers as far as I can see! Sad really but I guess it's the way it is. Thanks again.
Re: Application for costs
davidterry - 16 March, 2017 03:13PM
You will keep your costs down by not trying to second guess your solicitor and by asking if there is something you do not understand. 'Is there a cheaper way of doing this?' is a perfectly legitimate question to ask. And if the answer is no you can also ask for an explanation of that answer so you know exactly where you stand.
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