Family Court Judge Makes Cost Order Against Wife

Posted: November 7, 2018 11:07 pm Categories: , Leave your thoughts

A family court judge just recently ordered the wife in a family property dispute to pay her former husband’s legal costs of $30,000.

Why?

The judge said the wife failed to make a genuine attempt to negotiate a settlement with the husband.

He said she and her lawyers adopted an overly aggressive and combative approach.

The judge said the wife made an exaggerated claim for a greater slice of the property pool and refused a very reasonable offer from the husband.

She refused to negotiate.

The Judge said that parties have an obligation to enter into meaningful negotiations.

He cautioned parties in family law disputes not to allow their distress, anger and bitterness in a relationship break up to drive up legal costs and add to delays.

Various family court judges have recently spoken out about the horribly aggressive approach being taken by some family lawyers.

They complaint that such conduct fuels the conflict and drives up costs.

The general rule in the family court is that each party pays his or her own costs.

However, Family Court judges are given the discretion to award costs against a party when they consider it justified.

An adverse cost order may be made when one party refuses to refuses to negotiate and refuses a reasonable settlement offer.

 

Our approach has always made it the central objective to assist our client to achieve an early out of court settlement and spare our client the cost and stress of protracted litigation.

 

Christopher Whitelaw

Director

Whitelaw Legal Group

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