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History: Home UK Divorce Forum
Legal cost (4 Posts)
Started By:
11 September, 2017 10:36AM
Legal cost
JamalAhmadi - 11 September, 2017 10:36AM

I am going through the divorce process and currently waiting for Decree absolute and approval of Consent order.
We both agreed to divorce and she applied for it. I haven't defended the petition.
She had a solicitor but not me.
Court ordered me to pay the fee and legal cost with decree nici.
We have a joint family house and 2 children.
We agreed in the consent order, to pay her a lump sum and buy her out from the property and joint custody for children.
She still is living here and since 5 months did make any contribution toward household and mortgage.
If we were negotiating the financial settlement, we verbally agreed for no payment her solicitor and court fee and so we agreed to a financial settlement and a consent order is already in place and sent to court.

Now after all these are done, her solicitor asking me for court fee and legal cost!

Do I have to pay?
and if not what could possibly happen?
Does it affect the agreed finance order?

Thanks in advance for any help.

Re: Legal cost
davidterry - 11 September, 2017 02:08PM
Without knowing the content of the consent order you seem to have agreed it is impossible to answer your questions. I would say, though, that it is normally never a good idea to agree to such a document before taking your own independent legal advice. Your wife's solicitor acts for her and not for you. Whatever was drafted on her behalf will have been drafted from that perspective.
Re: Legal cost
JamalAhmadi - 11 September, 2017 03:34PM
Thanks, David.

Actually, consent order doesn't mention anything about the divorce court fee and her legal cost.
I am happy with the content of the order, just now wondering if I reject to pay the bill,
-What would be the impact of the consent order which is already sent to the court?
-How her solicitor can force me to pay? Will it be a new legal process?

Re: Legal cost
davidterry - 12 September, 2017 10:06AM
I can guarantee you that there will be a mention of the divorce costs somewhere. Standard precedents for consent orders invariably refer to costs. In the event that for some reason it was not dealt with in the consent order it will certainly have been dealt with when the court granted its certificate for decree nisi. That certificate will either have ordered you to pay costs or it will have been silent on the point (which means the costs are down to the petitioner). You need to look more carefully at the paperwork including what was said in the certificate for decree nisi.
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