Assumption: "Costs orders are exceptionally rare in financial remedy, so how I negotiate doesn't really matter."
1 min readThis content reflects observational insights and lived community experiences. It does not constitute legal advice — always consult a qualified professional for your specific circumstances.
What People Expect
People rely on the general no-order-as-to-costs principle in family proceedings and assume it applies without exception to financial remedy negotiations too.
Court Reality
In financial remedy specifically, the rules allow a costs order where a party fails to negotiate openly and reasonably in the period after the FDR. This is a real and used exception, not a technicality. Refusing reasonable open offers, or digging in without engagement, carries genuine costs risk even though the general starting point is no order as to costs.
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The Gap?
"Costs orders are exceptionally rare in financial remedy, so how I negotiate doesn't really matter."
Court Reality
In financial remedy specifically, the rules allow a costs order where a party fails to negotiate openly and reasonably in the period after the FDR. This is a real and used exception, not a technicality.
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