High Net Worth Divorce Videos

Date when Video was Published: 16/06/2023

In what circumstances will I be responsible for paying my spouses legal costs in Divorce? The general rule on who pays legal costs in a divorce is that each person is responsible for paying their own legal costs. The cost of divorce includes the court fee and the costs of the legal representatives you instruct to assist you with the divorce. You and your spouse could agree at the outset who is to be responsible for the costs of the divorce, including the court fee. Prior to 6 April 2022, the court was sometimes asked to consider making an order for costs in favour of a successful petitioner in the then fault decree based proceedings i.e. proceedings based on adultery, unreasonable behaviour or desertion. However, under the new divorce law since the requirement to establish fault is removed, divorce is unlikely to be disputed and will not involve any consideration by the court of the reasons for or responsibility for the breakdown of the marriage. Where an application is disputed, the grounds for opposition will be limited to issues about the court’s jurisdiction to hear the case or about the validity or subsistence of the marriage. It is at the court’s discretion whether a costs order is made against either party. Consequently, the circumstances in which an order for costs is made for you to pay your spouse’s legal costs in divorce are extremely limited. When a costs order is made for you to pay your spouse’s legal costs in divorce, you are under a legal obligation to comply and pay. Duncan Lewis Divorce Solicitors appreciate that you will be contacting us in challenging and emotional circumstances. For that reason, we are here to advise on legal procedure relating to divorce and connected matters and answer any questions that you may have. Please visit our website or call us directly on 033 3772 0409

Disclaimer

This video content was created on 16/06/2023 to provide an overview of the legal position and the information was correct at the time this video was created. This video has been produced for purposes of generic information and marketing purposes only. While the information on this site is about legal issues, it is not intended as legal advice or as a substitute for the particularised advice of your own legal advisor. Please consult one of our lawyers to provide you with advice and assistance on any matters touched on this video. Viewing of this video does not create legally binding advice and does not create a retainer with Duncan Lewis Solicitors. This video is Copyrighted at Duncan Lewis Solicitors 2023. Any illegal reproduction of this content is prohibited and will result in immediate legal action.