Peter Watson-Lee, Solicitor, Williams Thompson. The fundamental principle of the new ancillary relief cost rules is that both parties costs should be treated as part of their reasonable financial needs and should be paid from the matrimonial pot before the court divides the remainder of the assets between them. It is essential that both the judiciary and practitioners understand and accept this principle. If they fail to do so, the new cost rules that came into effect on the 3 April 2006 (the Family Proceedings (Amendment) Rules 206 (SI 2006/352)) will make no sense. However, if operated with this in mind, Peter Watson Lee says the new rules will greatly improve the way in which costs are dealt with in ancillary relief, to the benefit of all concerned. See June [2006] Fam Law 450 for the full article.
Click here if you subscribe to the Family Law journal online.
Read the full article here.