Q&As

Where an order is made for a respondent to pay the petitioner's costs of the divorce suit, when is the costs order payable, and how can it be enforced?

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Published on LexisPSL on 13/06/2016

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

  • Where an order is made for a respondent to pay the petitioner's costs of the divorce suit, when is the costs order payable, and how can it be enforced?
  • Costs
  • Enforcement

Costs

Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 7.20(3), provides that in divorce proceedings:

'If the applicant has applied for costs, the court may, on making a direction under paragraph 7.20(2)(a) [that the applicant is entitled to a decree nisi]—

(a) if satisfied that the applicant is entitled to an order for costs, so certify; or

(b) if not so satisfied, make no direction about costs'

At that stage the court has granted a certificate for costs. The order for costs will be made if appropriate at the hearing of the decree nisi.

FPR 2010 is silent as to the exact date for payment of a costs order in relation to a divorce suit (and there does not appear to be any case law in this regard), however FPR 2010, SI 2010/2955, 28.2 provides for the application of certai

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