Sir, The Court of Appeal is to be congratulated for clarifying costs awards in divorce matters (report, July 29).
However, the Appeal Court was dealing with appeals relating to final hearings in this instance. Most matrimonial finance matters settle before a final hearing.
The Family Proceedings Rules were intended to give the court control of divorce procedure and to provide time limits for the filing of key documents. Many clients find themselves obeying all the relevant time limits and procedures, yet their spouses, or their solicitors, may fail to comply.
Unfortunately, at interim hearings, the lower courts do not always see fit to penalise the recalcitrant party by making costs orders against them. Many clients, quite understandably, ask why they have bothered to obey the time limits themselves.
Of course, circumstances alter cases. However, prompt disclosure is required by law so that a court can consider what a reasonable divorce settlement may be. I am sure that I am not the only family solicitor who hopes that the lower courts tighten up on those divorcing spouses who procrastinate.
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Yours, etc,
TONY ROE
(Head of family law),
Boyes Turner,
Abbots House,
Abbey Street, Reading RG1 3BD.
July 29.