By Wendy Mantle
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Extra info for The Handbook of Separation and Divorce
If so, costs will be one of the terms to be agreed. Frequently, after a case has been contested and the parties reach an agreement to avoid a hearing there is an agreement that there should be no order as to costs. A judge at the end of a contested hearing may also make no order as to costs. There are many varieties of order. Where it is necessary to make an application for a financial questionnaire to be answered, the spouse making the application will seek costs against the other. It may be necessary to take steps to obtain or enforce orders in relation to affidavit or other evidence.
It is available to people whose disposable income—allowing for deduction of income tax, national insurance and income support allowances for children and dependent relatives—is less than £70 per week. No contribution is payable for Green Form advice. The form for advice and assistance is completed at the first interview. 75 per hour. The solicitor should be able to take instructions about the history of the marriage, draft a divorce petition, help complete a legal aid application for any proceedings in relation to money or children or in relation to any injunction proceedings which it may be necessary to take.
The importance of this factor is lessened if there is a potential claim for continuing maintenance. The other concerns the relatively few cases where one party is the sole owner of the matrimonial home and the other intends to remarry. Remarriage prevents a person who is not the legal owner of the matrimonial home from making a claim for a share of it under the Matrimonial Causes Act 1973 (Section 28(3)). There would still be a residual claim for a proportion of its value but it would be very limited (see Chapter 8).