Simon Bennett Matrimonial Law Specialists - Costs

<body stylesrc="http://www.divorce-uk.com/costs.htm" background="../images/bg-costs.GIF" bgcolor="#FFFFCC" text="#003366" link="#0000CC" vlink="#000000">  <div align="left"> <table border="0" cellpadding="0" cellspacing="0" width="440"> <tr> <td width="6"><font face="MS Sans Serif" size="2"><img src="../images/dotty.gif" width="1" height="1" alt="dotty2.gif (810 bytes)" hspace="15" vspace="15"></font></td> <td><p ALIGN="JUSTIFY"><font face="MS Sans Serif" size="2">The costs which can be involved in Divorce or other matrimonial proceedings or issues are clearly a fundamental concern and are increasingly proving to be influential at all stages of the proceedings, so far as the parties involved are concerned. It is possible for one party in a case to increase the costs by carrying out unnecessary steps or creating unnecessary work for the other side. Equally, it is possible that one party, or indeed both parties, can reduce and confine the costs by suitable agreement or narrow down the issues which divide them, and thereby reduce the amount of work that the lawyers are required to carry out on their behalf.</font></p> <p ALIGN="JUSTIFY"><font face="MS Sans Serif" size="2">The question of costs is also affected by the issue of Legal Aid. The extent to which Legal Aid is allowed in matrimonial proceedings has been pared down in recent years, but Legal Aid is still available subject to the applying party qualifying for Legal Aid both by being within the requisite financial criteria, and by having a case of merit to pursue with the benefit of Legal Aid. However, there is no doubt that given current political developments in the arena of Legal Aid, it may not be possible in the long term for cases to be conducted with the assistance of public funding. </font></p> <p ALIGN="JUSTIFY"><font face="MS Sans Serif" size="2">The general rule in relation to costs is that if a party pursues a claim in a matrimonial case and is successful in that claim, normally the other party will be expected to pay the reasonable costs incurred in presenting that claim. This is of course subject to many exceptions, and no two cases are the same in the manner in which the Court regards them in determining the question of costs. In many cases not only does the applying party have to show that they have succeeded in their case but also that the other party has been unreasonable in the manner in which they have responded to it. Clearly in many cases it is difficult to determine whether one party has "succeeded" at all.</font></p> <p ALIGN="JUSTIFY"><font face="MS Sans Serif" size="2">There are many issues in a matrimonial case which on the face of it may be resolved or appear to be resolved to the detriment of the applying party or it may be difficult to decide whether they have gained more than they have lost. As a general rule however if, for example in a financial case, the applying party proceeds to Court and the responding party fights the claim all the way without making any reasonable overtures to settle or compromise the case, the party who receives a financial settlement will normally expect the other party to pay the costs. This does not however mean that all the costs will be recovered. The applying party can only recover from the responding party those costs which have reasonably and necessarily been incurred in presenting the claim. In any case there are often costs over and above those which are reasonably incurred but which have still been created. </font></p> <p ALIGN="JUSTIFY"><font face="MS Sans Serif" size="2">The applying party can then find that they only recover three quarters or two thirds of their full costs from the responding party in those circumstances. Parties who hold a Legal Aid certificate also need to be aware of the implications of the Legal Aid Board Statutory Charge. For a party who is in receipt of Legal Aid, they can be required to pay back to the Legal Aid Board the amount of costs incurred in presenting and pursuing the case from the fruits of the settlement which they ultimately obtain. If they succeed in obtaining an Order for Costs against the responding party this to the extend indicated may save them from the necessity to pay any money back to the Legal Aid Board. If they can show that the settlement is intended to be used to provide a home for the applying party and the children of the family again the Legal Aid Statutory Charge can at least be postponed and charged on that house. In other circumstances however the applying party can be required to pay back to the Legal Aid Board the amount of the costs from the proceeds of the settlement. </font></p> <p ALIGN="JUSTIFY"><font face="MS Sans Serif" size="2">This firm approaches cases in which it is acting on the basis that payments on account of costs are required to be made by our own client as the case proceeds on a periodic basis. Invoices are rendered approximately over two months. At the end of the case if costs have been recovered against the responding party the amount recovered is reimbursed to the client who in all the circumstances will have paid the costs to us as the case has proceeded.</font></p> <p ALIGN="JUSTIFY"><font face="MS Sans Serif" size="2">In order to conduct a vase under a Legal Aid Certificate, it has been necessary since 1st January 2000 in relation to all claims subsequently filed for the firm involved to have a Legal Aid Franchise. This firm has decided as a matter of policy not to undertake any further cases on a Legal Aid basis and has not therefore sought a legal Aid Franchise. </font></p> <p ALIGN="JUSTIFY"><font face="MS Sans Serif" size="2">The amounts of costs can of course vary depending upon the extend to which cases are contested or not. Typically however a divorce itself if undefended will cost Ł527.66 plus VAT plus Court fees which are currently Ł180.00. This at present rates of VAT make a total cost of Ł800.00. It is common for the other party in the case to share equally the costs of the divorce or even to pay them all at the end of the day and, as indicated above, the client would then be reimbursed from that payment. The costs of obtaining a financial settlement can vary hugely but every effort is taken to keep costs down and ensure that clients receive value for money. At appropriate intervals in the case a review takes place to discuss with the client the state which has been reached and the amount of costs which have been incurred. It is possible at such times to ensure that costs are kept on a tight reign and that only steps which can reasonable be justified are taken. Where we instructs experts such as barristers, accountants or surveyors to prepare reports or act in relation to a case, we are required to discharge the fees of the experts ourselves and in such circumstances it is necessary for us to receive payment on account from our client for the amount required for such fees. Every attempt is made to predict the amounts of experts fees and estimates are sought so that the client is fully aware of the extent to which such fees are likely to be incurred.</font></td> </tr> </table> </div> <div align="center"><center> <table border="0" cellpadding="0" cellspacing="0" width="440" align="left"> <tr> <td colspan="9" width="440"><font face="MS Sans Serif" size="1"><img src="../images/dotty.gif" width="1" height="1" alt="dotty2.gif (810 bytes)" hspace="10" vspace="10"></font></td> </tr> <tr> <td width="440" colspan="9" bgcolor="#003366"><img src="../images/dotty.gif" width="1" height="1" alt="dotty2.gif (810 bytes)"></td> </tr> <tr> <td width="440" colspan="9"><font face="MS Sans Serif" size="1"><img src="../images/dotty.gif" width="1" height="1" alt="dotty2.gif (810 bytes)" hspace="10" vspace="10"></font></td> </tr> <tr> <td align="left" valign="top" width="2" bgcolor="#003366"><font face="MS Sans Serif" size="1"><img src="../images/dotty.gif" width="2" height="2" alt="dotty2.gif (810 bytes)"></font></td> <td align="left" valign="top" width="2"><font face="MS Sans Serif" size="1"><img src="../images/dotty.gif" width="4" height="4" alt="dotty2.gif (810 bytes)"></font></td> <td align="left" valign="top" width="214"><font face="MS Sans Serif" size="1">[<a href="introduction.htm" target="_top">Introduction</a>] [<a href="childcare.htm" target="_top">Childcare</a>]<br> [<a href="emergency.htm" target="_top">Emergency Procedures</a>]<br> [<a href="financial.htm" target="_top">Financial</a>] [<a href="the_firm.htm" target="_top">The Firm</a>] [<a href="costs.htm" target="_top">Costs</a>]<br> [<a href="divorce.htm" target="_top">Divorce</a>] [<a href="questions.htm" target="_top">Common Questions</a>]<br> [<a href="updates.htm" target="_top">Updates</a>] [<a href="contact_us.htm" target="_top">Contacting Us</a>] [<a target="_top" href="../index.html">Home</a>]</font></td> <td align="left" valign="top" width="2"><font face="MS Sans Serif" size="1"><img src="../images/dotty.gif" width="4" height="4" alt="dotty2.gif (810 bytes)"></font></td> <td align="left" valign="top" width="2" bgcolor="#003366"><font face="MS Sans Serif" size="1"><img src="../images/dotty.gif" width="2" height="2" alt="dotty2.gif (810 bytes)"></font></td> <td align="left" valign="top" width="2"><font face="MS Sans Serif" size="1"><img src="../images/dotty.gif" width="4" height="4" alt="dotty2.gif (810 bytes)"></font></td> <td align="left" valign="top" width="214"><font face="MS Sans Serif" size="1">35 High Street, Marlow,<br> Buckinghamshire, SL7 1AU<br> Tel: +44(0)1628 478088<br> Fax: +44(0)1628 474441<br> Email: <a href="mailto:info@divorce-uk.com" target="_top">info@divorce-uk.com</a></font></td> <td align="left" valign="top" width="2"><font face="MS Sans Serif" size="1"><img src="../images/dotty.gif" width="4" height="4" alt="dotty2.gif (810 bytes)"></font></td> <td align="left" valign="top" bgcolor="#003366" width="2"><font face="MS Sans Serif" size="1"><img src="../images/dotty.gif" width="2" height="2" alt="dotty2.gif (810 bytes)"></font></td> </tr> <tr> <td width="440" colspan="9"><font face="MS Sans Serif" size="1"><img src="../images/dotty.gif" width="1" height="1" alt="dotty2.gif (810 bytes)" hspace="10" vspace="10"></font></td> </tr> <tr> <td width="440" bgcolor="#003366" colspan="9"><img src="../images/dotty.gif" width="1" height="1" alt="dotty2.gif (810 bytes)"></td> </tr> </table> </center></div> <p> </p> <p> </p> <p> </p> <p> </p> <div align="right"> <table border="0" cellpadding="0" cellspacing="0" width="95"> <tr> <td><font face="Verdana" size="1">designed by</font><br> <a href="http://www.smartways.com/websites" target="_top"><img src="../images/smart-int-ani.gif" alt="smart-int.gif (800 bytes)" border="0" vspace="10" WIDTH="88" HEIGHT="30"></a></td> </tr> <tr> <td><font face="Verdana" size="1">Š <a href="http://www.smartways.com/copyright.htm" target="_top">copyright</a><br> 1998 Smartways</font><font face="MS Sans Serif" size="1">  </font></td> </tr> </table> </div>  </body>