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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


Do you need help going to court over a Financial Settlement?

Our consultant service offers expert advice and support for people who are going to court over a fair financial settlement, for less than a quarter of the cost of using a traditional high street solicitor.


Who pays the court costs?

  • BJL
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03 Aug 09 #135951 by BJL
Topic started by BJL
I have been seperated from my Husband for nearly 18 month now and i am divorcing him on the grounds of Adultry, he has agreed this however i feel we will end up in court to finalise the matter. I have remained in the marital home and paid all the bills, mortgage etc myself whilst my Husband has set up home with the woman he had the affair with. The ammount of equity left in the house and my share of his pension are more or less the same. If he kept his pension and i kept the house in affect he would be 9000K better off. If we did end up in court would i be able to get him to pay the costs as it can be proven his behaviour ended the marriage?

  • dukey
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03 Aug 09 #135960 by dukey
Reply from dukey
Hello bjl

Divorce in England and Wales is based on no faults, in general behaviour has no implication on any finacial settlement, you can ask he pays the court application costs but you both pay your own solicitors costs unless the court orders otherwise (rarely).

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03 Aug 09 #135961 by BJL
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Hi thanks for your information, i am paying my solicitors costs and will now ask he pays the court costs.
Thanks again

  • nbm1708
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03 Aug 09 #135964 by nbm1708
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Is this for the financial part that your asking for court costs? If so then usually each party pays their own costs. Your actual reasons for the divorce do not figure in as there is a no blame policy.

T

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03 Aug 09 #135967 by BJL
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Yes its the financial side of things, already have my Decree Nisi but my solicitor has suggested not applying for the absolute until the finances are dealt with.

  • Calico
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03 Aug 09 #135995 by Calico
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As my husband was divorcing me for adultery, I had to pay the £300 court fees plus £300 towards his legal fees. His solicitor insisted on this, so it was put in the documents and the DN ordered me to pay it.

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03 Aug 09 #136000 by nbm1708
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Calico wrote:

As my husband was divorcing me for adultery, I had to pay the £300 court fees plus £300 towards his legal fees. His solicitor insisted on this, so it was put in the documents and the DN ordered me to pay it.


There are usually three parts to a divorce -

The divorce itself - usually paid for by the respondent
The Financials - usually paid for by each party for their own
The Children - usually paid for by each party for their own

Costs for the last two are rarely awarded unless there has been severe misconduct and delays. The actual reasons for the divorce do not come into this.

T

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