How to Claim Divorce Costs

[stu997]

Hi All,

If possible I would like to seek a bit of advice on this matter. I am not sure it is in the right forum so please move it to the correct place if not.

 

I divorced my wife 3 years ago. I was awarded costs and that is listed on my Decree Absolute.

I have since settled the financial matters, which was a costly affair but it is now finished with.

What was never discussed, nor put on the table in any of the hearings was the award of divorce costs. These costs have never formed any part of the financial settlement.

I am now wanting to pursue my ex wife for these costs, in the region of £1300. (I need to cost this amount exactly)

 

There is no way she will be forthcoming with any offer, nor will she acknowledge any letter from my solicitor. I think the only option would be for me is to use the MCOL facility and issue proceedings for the amount against her.

 

Is it possible to do this?

Is there anything I need to know before I make this claim?

What is the likelihood of a successful claim for these costs?

 

Any assistance will be gratefully received with this matter. If there are any other suggestions then please feel free to suggest them for me.

 

Many thanks in advance

[stu997]

If its not possible to get this sort of advice here can somebody direct me to where I can.

Many thanks

[citizenB]

I think you can use MCOL for any monetary claim. However, I will ask others on the site team for you

[stu997]

Thank you.

[citizenB]

Here you go...

 

 

Using the original Court/ Decree Nisi reference number

 

 

Case number: *************

 

Petitioner *************

 

Respondent **************

 

Re: Costs order dated ***********

 

I write in relation to the above costs order in divorce proceedings which the Respondent has not yet paid.

 

I am now acting in person but I have provided details of the costs incurred by my solicitor and these are detailed below as follows:

 

£ - Solicitors costs inclusive of VAT

 

 

£ - Court fee for petition

 

 

£ - Court fee for Decree Absolute

 

 

£ - D11 form as the Respondent held the original marriage certificate

 

 

£ - Copy marriage certificate

 

 

£ TOTAL

 

 

As the Respondent has not paid these costs I now request that the court list the matter for an assessment of those costs. I would be grateful if the court could provide guidance on the procedure if this letter cannot be treated as my application for the assessment.

 

 

Yours faithfully

 

The court may require an application but try with the above letter first.

[stu997]

So I can write to the court using this letter format first?

I dont understand the D11 form and the copy marriage certificate part. I presume the copy is the amount I paid to obtain the marriage certificate.

Can you please clarify.

[citizenB]

D11 form is an application to enforce.... http://www.familylaw.co.uk/system/uploads/attachments/0002/0835/D11.pdf

 

And yes, Copy Marriage certificate will be the cost of that item.

[stu997]

Many thanks,

I will get on with costing the exact amount she owes and hopefully get a letter sent early next week.

If I have any more queries I will post them on here.

Once again thanks for your help.

[citizenB]

[stu997]

Have just spoken to the County Court that dealt with my divorce. They have informed me that they do not enforce costs so writing such a letter serves no purpose.

 

I guess MCOL is the only option??

 

If so, should I write a letter to my ex wife first, stating the amount she owes me and give her the option of making an offer of settlement beforehand. I don't expect her to even respond to any letter I send so it will just be a paper exercise to show the court I have made the effort.

 

Is there anything else I should do before using MCOL?

Edited November 25, 2013 by stu997

[citizenB]

I will ask for you , stu

[stu997]

Thanks again!! I have found the invoice where my file was costed by a "costs draughtsman" so I have the precise figure now!!

[steampowered]

You should not issue a new claim through MCOL for the costs. It is linked to the existing claim.

 

As per above I imagine you need to request an assessment before you can enforce anything. Unless divorce works differently to standard civil claims, unless the court has already determined the exact amount you cannot cost it yourself ... only try to seek agreement or get the court to assess the costs.

[stu997]

I have an assessment of the costs already done by a costs draughtsman. That lays out the exact costs due to me for the divorce. This amount is in line with a standard divorce so I know it is right.

I have not got any exisitng claim ongoing, nor have I tried to enforce any amount to be paid as yet. I can get my solicitor to write umpteen letters to her which she will just ignore. This will just rack up more costs for me, on top of already spiralling costs which I can ill afford.

The only way to get this woman to acknowledge anything is to do the correct thing. I have not spoken to her since I seperated, not even during the financial settlement hearings. There is no chance of mediation, or even talking sense to her.

I do not have much of an option but to pursue her for the money in this way.

 

Going back to the existing claim you mention. If that is the financial matters matters you are on about then they are already agreed and settled. The divorce costs were not part of that process at all.

[citizenB]

More information

 

You dont issue a claim for your costs as ...he needs to submit an N254 to attain a Default Costs Certificate. If the figure is unagreed between parties then Detailed assessment is where a detailed bill is drawn up and served on the other side/client. There is 21 days from service to provide "Points of Dispute" raising challenges to the bill. If they fail to raise any challenges within 21 days of service then a "Default Costs Certificate" is normally obtained for the full amount of the bill.

 

Assessment of Costs Arguably any solicitor who knows what they are doing can raise legitimate challenges to a bill. Where a default costs certificate is issued againt a legally represented party they may have a claim against the solicitor as a result. A certificate issued against a party may be set aside as long as they act promptly.

 

Where Points of Dispute are served, unless the parties reach a compromise agreement, the case proceeds to a detailed assessment hearing. This usually takes anything between an hour and a day, with either a lawyer or costs draftsman attending the hearing for each side. The Court goes through the bill line by line assessing the issues raised and determining the amount that should be paid. Attention may be paid to the Guideline Hourly Rates, but these are less binding and are not relevant on solicitor/own client assessments.

 

Once the amount of costs has been decided there is 14 days to make payment, unless the Court gives a different deadline.

[stu997]

I will have a chat with my solicitor tomorrow to see what she thinks.

 

The default cost form does what exactly?

[AndyOrch]

Requests the court to issue a certificate for the amount of the bill of costs plus such fixed costs and court fees from the respondent.

 

http://www.familylaw.co.uk/system/uploads/attachments/0002/0893/D254.pdf

 

Regards

 

Andy