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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.


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Who has to pay?

  • Tim171265
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01 Oct 09 #151025 by Tim171265
Topic started by Tim171265
My husband walked out leaving me with 4 teenagers to support more than 8 years ago. Today I received a Petition for divorce - with grounds that we had been separated for at least five years. He had always been self employed but on the petition it states he is now unemployed and I am worried that I will have to pay the court fees and his costs. The children are now adults but he never supported them when he left and I fear that he will try to make me pay for the divorce. Can anyone please advise me whether he can do this? I also have to complete the Acknowledgement of Service to say whether I will pay costs - if I answer 'no' what reason should I give?

  • Elle
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01 Oct 09 #151032 by Elle
Reply from Elle
Hi Tim,

I am not familiar with e/w fam law but have read posts that say the Petitioner (your ex in this case) pays costs in a simplified divorce... those in the know will correct me if I am wrong so dont accept my word and wait on their responses. As for the reasons...ex wants it, you cannot afford it, there are no dependants (i assume as you they say the kids are adults)...unless of course you bare in a financial position to pay the costs.

Elle x

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01 Oct 09 #151042 by GeJay
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As I have just found out ,very much to my cost, it is the Respondant who pays the pettioners costs.

www.wikivorce.com/divorce/Divorce-Forum/...titioners-costs.html

Gj

  • moca
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01 Oct 09 #151051 by moca
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Hi Gj

So the Respondant has to pay the fee?

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01 Oct 09 #151057 by Ephelia
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They do unless it can be agreed to go halves or the other pay the costs...

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01 Oct 09 #151081 by moca
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Hi

In my case, he made up all stroy and he hide the truth.
During asking me to agree 2 years sepration for the divorce, now he made up ("lie" so to speak) my "unreasonable behaviour" for the divorce...even he is the one cheating me.
Then now I am Respondant..then I have to pay the cost ..???
I won't pay any. because there is NOTHING my fault..
Can I show the judge all evidence what he has been doing at the swingers site then aske the court he has to pay the cost ?

  • .Charles
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01 Oct 09 #151173 by .Charles
Reply from .Charles
A Petitioner divorcing based on 5 years separation cannot claim costs. When I find the case law I will post it here.

As 5 years separation does not require consent there is no interaction required with the Respondent and the Respondent does not have to bare any costs.

Charles

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