# awarding costs in family law cases



## grownupgirl (30 Dec 2010)

This is my 3rd year of pursuing my husband for maintenance and a separation agreement and I have run up a €20,000 legal bill so far. My solicitor says that I cannot claim for costs from him as judges do not award costs in Family Law cases. Is this true? He is claiming poverty and has a lot of personal debt but his accounts show his business is ok and stable. They are getting adjournments due to his accountant not showing up etc. I am wondering if my solicitor is saying this so they won't have to pursue him also. All law advise welcome!


----------



## mf1 (31 Dec 2010)

You can certainly ask the Court to award you your costs and the Court may well do so BUT if you have trouble getting him to honour everything else, which appears to be the case, then it is a little unlikely that he will pay your costs. 

It is important also that you grasp that the legal costs you incur are your costs - your responsibility. Even if the Court awarded you your costs, if your husband won't pay them,  those costs are still your responsibility. Clients often feel that if there is an order for costs against their opponent, that the costs are no longer their own responsibility. And if the solicitors cannot get their fees from the other side, well, tough! 

That's not how it works. The client is always responsible for the costs they incur in pursuing their case. If they get a contribution or indemnity from the other side, then happy days!

mf


----------



## grownupgirl (2 Jan 2011)

Thanks mf1, I understand all that you have said and thanks for your reply. My question was actually about whether judges are likely to award costs in court. I have heard that costs are never awarded in family law cases and I just wanted to know if this is true.


----------



## mf1 (2 Jan 2011)

"costs are never awarded in family law cases"

It is the norm. But you can still ask and, in some cases , the Court will make that order.

mf


----------



## Mr. C.J.H. (2 Jan 2011)

I have been involved in many family law cases where one party or the engaged in nconscionable conduct and not once have I seen a Court award costs. I am a solicitor and since I moved firms about 9 months ago now rarely practice family law, nevertheless I asked a very experienced barrister (20 years+ call) who practices exclusively in the family courts whether she had ever been involved ina case where costs were awarded and she told me that the only time she had seen it was where there was consent from one party to same. She said that she has heard from colleagues of one or two examples over the years, but I think the OP's solicitor is right when they say that costs are virtually never awarded in family cases.


----------

