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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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Can I fight Court Cots

  • .Charles
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14 Oct 09 #154411 by .Charles
Reply from .Charles
The general rule is that the court will make an order for costs in favour of the Petitioner. Where there are cross petitions the matter becomes more complex.

However, all Judge's accept that where both parties want a divorce then a divorce will be granted. In your case you started the ball rolling and your husband is being bloody minded by issuing a cross Petition.

Even if you have to bare your own costs and his, it will still be cheaper to have your Petition dismissed now than to continue the process.

You can mitigate your position at this point by sending a letter inviting your husband to withdraw his claim for costs if you dismiss your own petition and agree that his goes through undefended. Your husband sounds as though he is unlikely to agree to this in which case send a further letter saying that it it disproportionate to dispute the matter further and for the sake of both parties you will dismiss your own petition and allow his to go through undefended but will defend his claim for costs.

At least then you can attend at a costs objections hearing and tell the Judge your position. The Judge is likely to consider that you have taken the sensible option to effectively save both parties unnecessary costs which is reason enough not to grant a costs order.

Charles

  • loulou1969
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14 Oct 09 #154419 by loulou1969
Reply from loulou1969
Thanks so much Charles.

I personally think he is trying to cause as much hassle as possible and although part of me thinks deep sigh just get it over and done with it obv does "grate" slightly.

I am willing to pay all my own costs (which have increased due to his cross petitioning etc) and also half of all the court costs which I don't think is really unreasonable.

O well, I'll keep you advised on how it goes. At present my solicitor is on holiday and we still haven't got my husband's Petition yet from the court as apparently there is a back log.


Thanks again to you both for your help and advice, very much appreciated

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