Q&As

Can an order for costs in divorce proceedings be set aside?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 21/06/2016

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

  • Can an order for costs in divorce proceedings be set aside?

It is ordinarily the case in family proceedings (save for certain excluded types of application) that each party bears their own costs. While the court does have the power to depart from that general position, this will occur only rarely, usually where there has been some behaviour by the other party that warrants a costs order being made, for example, at an early stage of financial remedy proceedings if one party has failed to file their Form E and the first appointment is adjourned on the day of the hearing as a result. The normal remedy to challenge such an order once made is to appeal it, but an appeal is likely to be unsuccessful given the discretion afforded to the court to make costs orders.

See Practice Note: Costs in family proceedings

This Q&A appears to relate to the costs of the divorce proceedings themselves (ie the procedural steps required to obtain the decree absolute). The court has the power to make an order that the respondent pay the costs of the petitioner and the petition will often c

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