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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 33290
Experience:  25 years experience of all aspects of family law
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Could you lend a hand - at what point should I ask to be

Customer Question

Could you lend a hand - at what point should I ask to be refunded the costs of decree Nisi if this is all done on the papers? As petitioner, costs of nisi were reserved at the point of petition and again reinforced in the application for order of deemed service. Is there a point at which the issue of costs is decided and what sort of evidence would they want to see - I do have a letter from my previous solicitor putting the cost at £1,200 and there is a legal bill that I paid relating to the period.
Submitted: 10 months ago.
Category: UK Family Law
Expert:  Clare replied 10 months ago.

Hi

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first.

Did you actually claim costs on the D8 - (petition form)

Did a solicitor issue it for you?

Customer: replied 10 months ago.
A solicitor (no longer my solicitor) did issue Petition for me and did claim costs at that point.
Interestingly, she in letters to my husband immediately after 'offered' that he pay half and I pay half those costs (without my authorisation but she was trying to be helpful).
Expert:  Clare replied 10 months ago.

So - you have claimed costs and are about to apply for the Decree Nisi - is that correct?

Customer: replied 10 months ago.
Exactly right. I rang the court and they told me the status update is my application is with a Judge (for deemed service of petition) and if he/she agrees to deem service it would then be possible for me to send in D80B/84 seeking Nisi
Expert:  Clare replied 10 months ago.

Then that is when to claim costs

The order that the Judge will make (without any prompting from you) is that the costs are to be assessed if not agreed

The Court fees will definitaly be covered - and the Court usually has a set figure for legal costs - likely to be less given that you are now dealing with the matter in person

I hope that this is of assistance - please ask if you need further details

Clare

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