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Old: Award of costs (superceded)

  • SilverFir
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13 May 12 #330339 by SilverFir
Topic started by SilverFir
Hadn''t even thought of an award of costs until Fiona mentioned elsewhere ...

Early days in terms of proceedings in England. I want to Petition for divorce on basis of 2 years separation with consent, and I''m happy to bear all the costs for this if it is undefended.

However, if STBX defends & cross-petitions on the grounds of my adultery, I don''t want to then have to pay his costs of that cross-petition (on the grounds that I will already have forked out £340 for my own petition). Nor do I want to end up liable for the costs of any Solicitor he might decide to retain for the purposes of handling that cross-petition.

How/where do I say this? Is it at the Nisi stage or the Absolute stage? Or do I wait to see if he defends first?

  • .Charles
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14 May 12 #330395 by .Charles
Reply from .Charles
You can say what you like but there is nothing you can do about a cross Petition and there are no guarantees of the outcome of proceedings.

You say that you wish to issue on the grounds of 2 years separation by consent? This infers that your ex will consent to the petition in which case why would he cross-petition?

It is common to seek to claim half of the costs from the respondent on 2 years separation by consent or to not claim any costs at all.

Charles

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