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Decree Nisi Question

Hi,
my OH received his degree Nisi dated 4 January 2019 - he is the respondent.

It clearly states in the Nisi that the petitioner has 14 days to provide both the court and the respondent her legal costs in order for him to pay 50% of them (her wish not his). He then has 28 days to respond to her claim.

Now, we have not yet received any costs to date, he phoned the court today and they confirmed they haven't yet either. They said that it will be up to the judge what he does with them when/if they are sent by her.

Does anyone has any experience of this, any idea on what will happen if she does finally send them, will he still be liable for 50% or is there some sort of a deadline where it's too late?

TIA

Comments

  • TBagpuss
    TBagpuss Posts: 11,237 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    He could write to the court and say that as no details of costs have been provided, he requested that these are assessed at £0.

    It sounds as though she has a costs order but the actual amount of costs is not determined, the statement is intended to let the court determine if the costs she is seeking are reasonable, so not providing them would make it harder for her to enforce any order.

    Also, he should re-read the order. I suspect that he has 28 days from the Decree Nisi to respond, not 28 days from when she sends the costs .
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • anna_1977
    anna_1977 Posts: 862 Forumite
    Eighth Anniversary 500 Posts
    TBagpuss wrote: »
    He could write to the court and say that as no details of costs have been provided, he requested that these are assessed at £0.

    It sounds as though she has a costs order but the actual amount of costs is not determined, the statement is intended to let the court determine if the costs she is seeking are reasonable, so not providing them would make it harder for her to enforce any order.

    Also, he should re-read the order. I suspect that he has 28 days from the Decree Nisi to respond, not 28 days from when she sends the costs .

    Thanks, I'll get him to check, if that's the case it's 4 Feb - should he wait until after then to contact the court and say nothing received or do before then ?
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