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New law ends divorce cost
gambling and secret deals.
The bitter
cat and mouse game over
legal costs played out by
many divorcing couples
will come to an end next
month when each side will
have to pay their own
legal bills even if they
win their court case.
Lawyers say
it will stop the game of
bluff that can prolong
proceedings, but there’s
also a danger that it
could force some people
who are already
traumatised by the
emotional upheaval into
accepting an unfair
settlement.
Family law
specialist Sarah Perkins says the change is
being introduced because
the current system
sometimes encourages
couples to gamble with the
court.
“Couples
are allowed to make
settlement offers to each
other that are kept secret
from the judge until after
the hearing. In the
meantime, each side tries
to persuade the judge to
give them a better deal.”
Miss
Perkins, of Andersons in Nottingham,
says if one side does end up getting a
better deal from the judge, they might
also get the added bonus of being awarded
costs because the other side had been
unreasonable in turning down the lower,
secret settlement. |