Q&As

At what stage should a respondent who objects to paying the costs of divorce proceedings attend court to oppose an order for costs?

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Published on LexisPSL on 03/05/2018

The following Family Q&A provides comprehensive and up to date legal information covering:

  • At what stage should a respondent who objects to paying the costs of divorce proceedings attend court to oppose an order for costs?

At what stage should a respondent who objects to paying the costs of divorce proceedings attend court to oppose an order for costs?

On an uncontested application for a matrimonial order, the applicant may apply for their costs. Respondents may not wish to challenge the application per se but may choose to resist a costs application. Such a position does not require a formal answer; noting the respondent's position on the acknowledgement of service suffices (Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 7.12(9)).

In an undefended divorce case, if satisfied that the applicant is entitled to a decree nisi of divorce, the court must issue a certificate under FPR 2010, SI 2010/2955, 7.20(2)(a) to verify that fact and must direct the application to be listed before a judge in open

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