Q&As

Can an order for costs in divorce proceedings be set aside?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on: 21 June 2016
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It is ordinarily the case in family proceedings (save for certain excluded types of application) that each party bears their own Costs. While the court does have the power to depart from that general position, this will occur only rarely, usually where there has been some behaviour by the other party that Warrants a costs order being made, for example, at an early stage of financial remedy proceedings if one party has failed to file their Form E and the first appointment is adjourned on the day of the hearing as a result. The normal remedy to challenge such an order once made is to appeal it, but an appeal is likely to be unsuccessful given the discretion afforded to the court to make costs orders.

See Practice Note: Costs in family proceedings

This Q&A appears to relate to the costs of the Divorce proceedings themselves (ie the procedural steps required

Chris Bryden
Chris Bryden

Barrister, 4 King’s Bench Walk

Chris was called to the Bar in 2003 and since that time has built a busy practice across a range of areas, with an emphasis on Chancery practice. He enjoys a well-deserved reputation for his knowledge and expertise in each area. He appears regularly in the County Court, Family Court and the High Court as well as various specialist Tribunals, and has been involved in cases up to and including the Supreme Court. He regularly is instructed at Appellate level. He has extensive and wide-ranging experience particularly in the areas of wills, probate and inheritance disputes; property including adverse possession, boundary disputes and issues arising out of trusts of land; company and commercial work and financial remedies. Chris is head of the Family Group and head of the Property Team at 4KBW.

Chris is the author of numerous articles in publications such as the New Law Journal, Counsel and Family Law, amongst many other titles, and is the co-author of Social Media in the Workplace: A Handbook (2015, Jordan Publishing).

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Jurisdiction(s):
United Kingdom
Key definition:
Costs definition
What does Costs mean?

Money ordered to be paid by one party to another in respect of the costs incurred in the course of litigation, in bringing or defending a claim.

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