These guides do not in any way represent legal advice.
All guides are produced as a 'layperson' and 'informed friend'.
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Who pays the costs
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Costs In The Case

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The general rule in ancillary relief cases is that the court will not make an order requiring one party to pay the costs of another party. However, the court may make such an order at any stage of the proceedings where it considers it appropriate to do so because of the conduct of a party in relation to the proceedings (whether before or during them).

The Family Proceedings Rule 2.71 considers the factors the court must take into account when making an order for costs and these include the following:

any open offer to settle made by a party;
whether it was reasonable for a party to raise, pursue or contest a particular allegation or issue;
the manner in which a party has pursued or responded to the application or a particular allegation or issue;
any other aspect of a party's conduct in relation to the proceedings which the court considers relevant;
the financial effect on the parties of any costs order.

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