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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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Question of costs

  • skint1
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25 Sep 11 #289400 by skint1
Topic started by skint1
I (respondent) received my "certificate of entitlement to a decree" we are divorcing on the grounds of "respondents unreasonable behaviour" i have gone along with this on the understanding that my wife does not expect me to pay costs. However the letter states that,"any party may be heard on the question of costs at the hearing" On the original application the Petitioner stated,"i am not represented by a solicitor but am receiving advice from one" I have been left in the matrimonal home solely paying the mortgage, i pay csa, all the associated costs of a house along with a £30000 loan secured on the house in joint names. My outgoings are far higer than my basic wage and survive on overtime. Are the costs refered to simply the court costs ie £340, £45 etc or will the costs include the solicitors, "advice"? My wife was earning around £20000 a year before we split with very low outgoings although i have no idea if she is working now or not. Would a court expect me to pay the costs with so many bills already or would the order for costs be made in her name? Would it also be in my interest to take a day,(unpaid) from work to attend court or could i send a letter?

  • jonathancj
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26 Sep 11 #289494 by jonathancj
Reply from jonathancj
If there isn't a solicitor on the court record, it seems unlikely that she could claim for a solicitor. Did your wife ask for costs in the petition? If she did, you could always turn up on the day and explain all this to the judge.

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26 Sep 11 #289567 by skint1
Reply from skint1
Yes she did ask for me to pay costs in the "prayer" but i also submitted all this in the reasons i feel i should not pay costs on the reply part of the Petition, along with,"i will not contend the grounds for divorce as long as you do not seek costs from me"
Oh well looks like a day of work it is then!

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