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divorce cost and who stumps up

  • falline
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30 Jun 09 #127994 by falline
Topic started by falline
my wife commited adultery and i want a divorce i can sight the other person in the petition but who pick up the cost we have been seperated for 2 months

  • NellNoRegrets
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01 Jul 09 #128003 by NellNoRegrets
Reply from NellNoRegrets

I think a lot of people split the costs between them.

You could try asking that she pays all the costs but no guarantee that would be granted. Adultery can be used as the reason the marriage is broken down, but divorce in England and Wales is considered to be no fault, so the way the finances and costs are split isn't affected by who did what.

If you cite the other person involved it could cause a lot of aggro, and it will increase costs and time as that person also has to respond to the petition - or not. Naming someone will add time to the procedure and serves no purpose at all.

  • .Charles
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23 Jul 09 #133479 by .Charles
Reply from .Charles
A fairly amicable resolution would be to agree not to name a party as a co-respondent if the Respondent pays the costs or a specificed portion of the costs. In my local court the Petitioner will usually get the costs of the divorce suit regardless of the reason for divorce (with the exception of 5 years separation).

I agree that naming a co-respondent is not the best way to go. There is a burden of proof involved and if the co-respondence defends the allegations the Petitioner leaves themselves open to a costs order (against the co-respondent and possibly the Respondent).

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