Costs awarded at an FDA for an application that could have been avoided

Acting for: Applicant Husband
Court: Dartford Family Court

Outcome:

The Respondent Wife repeatedly refused to agree to sell the former matrimonial home for six months prior to the FDA, causing the Applicant Husband to make an application for an order for sale.

The night before the hearing, the Respondent Wife agreed to the sale. Submissions were made that the Respondent Wife should be liable for the costs of the wasted application as had she agreed earlier, the application would not have been made, and costs would have been saved.

This was accepted by the court and costs were awarded in favour of the Applicant Husband.