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Mother awarded my fathers divorce costs!!!

  • TBEK
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21 Apr 12 #325546 by TBEK
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Today my Mother has received the Decree Nisi from the principal registry which has awarded my father costs (he is the petitioner) to my mother (the respondent).

He applied for the divorce after he was diagnosed with terminal cancer and tried to beat her up (i managed to rescue her before any serious damage was done). My dad is a alcoholic, paranoid and controling man and i suspect that even though she isnt having an affair (it is all in his head)the thought of her one day possibly having another man in the family home didnt sit well and he lashed out. Inspite of this he applied for the divorce and Ancillary Relief to kick my mother and my brother out of the house. My mother couldnt contest as she was not in a financial position to do so, but she did deny the accusations.

I do not understand why my mother has been awarded his costs and more importantly i am now concerned that this might mean his costs for the anciallry relief aswell and not just the costs for the divorce itself.

Does anyone know if this means all of his costs or just the ones specific to the court fees for the divorce itself and not the financial aspect?

  • hadenoughnow
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21 Apr 12 #325554 by hadenoughnow
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Tbek, this will be just the costs for the divorce ie court fee and some solicitor costs.
The costs for AR are separate. Each party pays their own.

Hadenoughnow

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21 Apr 12 #325556 by TBEK
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Thank you, i suspected this to be the case but unfortunetly with the way things have been going it has left me with a sense of great injustice!

  • Fiona
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21 Apr 12 #325561 by Fiona
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This is perhaps an example of how not consulting a lawyer can be a false economy. Unless something different has been negotiated and agreed there is a general court rule which applies to the actual divorce that the unsuccessful party pays the successful party''s costs. With petitions based on unreasonable behaviour or adultery the Petitioner is deemed successful in bringing their case so the Respondent is unsuccessful and awarded costs. At least in the grand scale of things the costs of an uncontested divorce are not that great and certainly nothing like the costs of defending a divorce.

As hadenoughnow said above the general costs rule isn''t applied to financial proceedings when normally each party pays their own costs.

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