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Court costs

  • PhoebeBlue
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23 May 12 #332523 by PhoebeBlue
Topic started by PhoebeBlue
My husband (the respondent - unreasonable behaviour) won''t return the Petition to court until I relinquish my claim for costs. If I don''t, he will cross petition me for unreasonable behaviour. I have also found out today that I will not be able to take on the mortgage even with a 60/40 split.
Do I relinquish costs, give him 50% on the provision he moves out by the summer holidays ??? I just want some peace and feel bullied. Is it really worth the fight?

:dry:

  • LittleMrMike
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24 May 12 #332551 by LittleMrMike
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Your husband''s behaviour is petty, to say the least, and it reminds me of the days when I was a law student. At the time conduct was, or could be, taken into account and you had the total and complete nonsense of each of the spouses petitioning and cross petitioning, and every detail of the marriage was picked over like vultures picking a carcass, and the stupid thing was that both parties wanted to be out of the marriage, and the name of the game was to show that the breakdown was the other''s fault. A complete nonsense, whichever way you looked at it.

Yes, he can cross Petition if he likes, but all that tells a judge is that, if you want to be out of it, and so does he, then the marriage has broken down and (s)he will almost certainly grant the decree almost as a matter of routine.

If you both want out, then perhaps spliting the costs of the petition is something you might consider, but it''s not by any means unusual for a Petitioner alleging unreasonable behaviour to be awarded costs.

I assume you mean he hasn''t returned the Acknowledgment of Service. If so then you have an option of getting it served by the Court bailiff. Then there''s no doubt that he''s had the Petition.

Look, madam, if there is one thing my career in the law has taught me, it is that it is easy to settle a claim for an inadequate amount. What you do now will affect your life, for better or for worse, excuse my use of the phrase, and a bit of hassle now may be better than a lot of hassle for the rest of your life. I don''t know the facts of your particular case, but I am just giving you a warning in general terms. I have no financial interest whatever in giving you advice like this ; if you feel your claim is justified, stick with it.

LMM

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