Comments on: Handling your own divorce – who needs lawyers?

By: familoo

familoo — Tue, 25 Nov 2008 21:27:36 +0000

@lizzie – I can’t advise about your specific case, and at any rate it sounds as if you may have been given some advice already, however what you are describing sounds very much like ‘old rules’ costs when the decision about who paid the costs of ancillary relief (the financial side of divorce) depended largely upon who had made the most sensible offer prior to the trial (often called a ‘calderbank’). This scheme has now been abolished, but it does still exist for some older cases for example a case which is still ongoing but where the divorce petition pre-dated the rules change (as of April 2006). An ‘old rules’ case might still be decided in the way you describe although since the rules have changed the ethos is very much towards ‘no order for costs’.

By: Lizzie

Lizzie — Mon, 24 Nov 2008 12:03:44 +0000

Thank you, I am having to handle my divorde myself but had been told that if I make an offer to my husband which is then beaten in court I would have to pay his costs

By: familoo

familoo — Fri, 21 Nov 2008 18:48:54 +0000

@Lizzie the general rule is that you can expect to pay all of your own costs in connection with divorce and ancillary relief. Usually one person will only be ordered to pay the other person’s costs if they have behaved very badly within the case itself (being a sh*tty husband / wife isn’t enough!), for example by pursuing a completely nutty issue and running up unecessary costs doing it. You cannot bank on anyone else paying your costs for you at the end of the day.

By: Lizzie

Lizzie — Fri, 21 Nov 2008 16:48:28 +0000

Who pays the legal costs of the financial hearing in a divorce, does each party pay their own costs?

By: between two stools « Pink Tape

between two stools « Pink Tape — Thu, 07 Aug 2008 21:23:44 +0000

[...] Mckenzie friend – if you can’t get a lawyer get some support. See my previous posts here and [...]

By: familoo

familoo — Wed, 12 Mar 2008 08:38:56 +0000

No I can’t say I would recommend it as a preferred option, but its not impossible to do your own case. And we lawyers are not quite as indispensable as we like to think (in some cases at least).

By: Fiona

Fiona — Tue, 11 Mar 2008 20:13:09 +0000

I meant to comment on this earlier. Having witnessed many LIPs mistakes personally I wouldn’t recommend it in all but the simplest of cases and agree with much of what District Judge Gerlis said. It was unfortunate that the way he said it antagonised many people and I think they would be more likely to heed your advice.