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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.


Fees for the petition.

  • MissingMySon2009
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02 Oct 09 #151307 by MissingMySon2009
Topic started by MissingMySon2009
Hi,

My wife petitioned for the divorce. When the Decree Nisi was issued the Court ordered that I pay her costs for drafting the Petition.

I thought the order for costs is just a formality and in practice I can negotiate to pay 50%. This is what my solicitor told me back in May. However my wife is saying that the Court have made an order and I must pay or suffer the consequences. What are my options? In my opinion this is another attempt by my wife to extract money that I don't have. She has already emptied the bank accounts and left me with all the debts.

When the Petition was drafted her solicitor asked me to comment on the Particulars, which incurred costs, but then ignored my comments. I therefore don't see why I should pay the costs of both parties.

  • Fiona
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02 Oct 09 #151311 by Fiona
Reply from Fiona
There is a general court rule that the unsuccessful party will be ordered to pay the costs of the successful party in a case. Therefore with the actual divorce (not ancillary relief or children cases) unless it is agreed otherwise it is usual for the respondent to pay costs. When costs are awarded the respondent has the right to reply but can be ordered to pay costs for that hearing too. Therefore usually it isn't worth challenging the costs, which in grand scale of things aren't that much anyway.

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