Q&As

Can a clause be included in a clean break consent order for a party to pay the other parties' costs of divorce if a costs order has already been made at decree nisi?

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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk
Published on LexisPSL on 08/03/2019

The following Family Q&A Produced in partnership with Katherine Illsley of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • Can a clause be included in a clean break consent order for a party to pay the other parties' costs of divorce if a costs order has already been made at decree nisi?

The court fee for an application for divorce is £550, and this fee must accompany the application form, copies for service on all other parties, the marriage certificate and the reconciliation statement (if a solicitor is acting), unless the petitioner is exempted from having to pay the fee. When the court then deals with the petitioner’s application for divorce, the court is also able to deal with the costs of the divorce. Those costs will include the court fee of £550 as well as any solicitors’ fees.

When dealing with the issue of costs in a divorce, most judges take the approach that applications under section 1(2)(a)–(c) of the Matrimonial Causes Act 1973 (ie applications based on fault) will attract an order for costs against the respondent, whereas living-apart applications will only rarely warrant such an order. Someti

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