Fees and questions

So far I've been trudging though my divorce completley on my own, but due to the Judge not reading anything I'd even written and not following some of the format correctly ( godness knows why ) I had to throw my hands in the air and find a barrister to take up my case on a direct access basis.

So far I have paid his initial charge of £1,700 thinking that this could be reclaimed on a Form H from the other side ( I am the respondent ) as it is also due to the petitioner not submitting lots of paperwork that has dragged the situaion out as well.

When I asked if I could claim my costs, the barrister said 'NO' but didn't explain.

I don't understand....can somebody explain please.

I supect there will be a final hearing so even more money to pay out...but no chance of reclaiming ?? I'm confused!!

This is not cheap !! And I am running out of money as this was money left to me in a will and there's no more !!!!

The starting position in family proceedings is that each party bear their own costs. It is very unusual for one party to obtain a costs order against the other.

The only exception is the costs in relation to the divorce suit - the process of ending the marriage. The petitioner can usually claim the costs of the divorce suit from the petitioner if the petition was ­base­d on adultery, unreasonable behaviour or desertion.

Charles

Thankyou for that. Who ever wrote the law had never been in the position I am...but at least I know the reason now.

However the Petitioner has constantly either 'not submitted' documents or requested information, or given out of date information or things that can be proved to be wrong and intentially misleading. Sadly he is a compulsive liar and he hasn't stopped at this situation.

Because I was driven to finding a barrister by direct access I do feel at last as if there is some power behind my side of this but he has asked ( this is the 3rd time the ex has been requested to do this ) the ex husband to produce the documents he has been so unwilling to, and has stated that if this is not done there will be a request for an order and at the same time an application for costs in relation to this.

I presume then from that that although I do not get my costs allocated from 'employing' the barrister outright..that there will be an allocation of the costs awarded on top of whatever I get ???

Only problem is I have to try to find the money to fork out in the first place to 'keep the barrister on the case' and the court fees etc. for any applications made etc.

Plus of course the barrister will then be required for another hearing and more costs.

If I do get awarded application costs etc I assume they are 'added' to any share I am given at the end of all this....but to be honest that does not put the money back into my account to support my child and myself.

Is there any way that interest can be added as a sort of compensation payment as I could be in this house for several more years before it sells and all that time I have to go short of that money.

I suspect the court does not do things like add interest !!

If I have to borrow that money to keep on top of the payments for everything related to this case then I will be paying interest...so why will it not be added to any awarded shares ??

I supect I know the answer, unless you know different !!

Thankyou for your replies etc.