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Potential cross-petition: costs?

  • SilverFir
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11 Jun 12 #336183 by SilverFir
Topic started by SilverFir
I presume my STBX doesn''t read this forum - otherwise he wouldn''t be considering cross-petitioning, he''d have read the advice that it''s really not worth the money ...

I have petitioned STBX on the grounds of 2 years separation. I believed he would consent because in 2009 he had sought a warrant to Petition in Scotland (but not carried it through) and had emailed as recently as March 2012 suggesting that I raise a petition in England on the grounds of consensual separation. I was happy to pay the court costs myself and did not seek him to share costs.

I have now heard through a mutual friend that he is considering cross-petitioning on the basis of my adultery then and continued adultery since. He has also said that he''d be seeking a costs order from me and he is using a solicitor.

WHY??????????????????????!!!!!!!

How is the court likely to view the above? Will the fact that I''ve already paid £300+ for my own petition be offset against any claim he makes for his costs? Is he likely to be successful in a claim for costs considering his cross-petition is childish and vexatious?

And why on earth is his solicitor agreeing to this? Aren''t they meant to give ''best advice''?

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11 Jun 12 #336187 by jslgb
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I cant offer any legal advice but i can offer a reason why.

As a ''victim'' of adultery i was steadfast on petitioning on those grounds. One of the main reasons was that i wanted the world to know my so called husband had cheated and ruined our family and marriage and just walked away. Its not a very nice feeling! However, the longer i took to heal the more i became more focused on getting a divorce so the reasons werent as important. Dont get me wrong, i still want that acknowledgement and my solicitor has contacted my stbxh to see if he''ll confess, but like i said, i''m happy to go with different grounds just to get on with it.

I know thats probably not much help to you legally but it may give you a better idea of why he is doing it?

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11 Jun 12 #336188 by SilverFir
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Whilst I take your point, I''ve never denied the adultery. In fact, I mentioned it in the Statement supporting my Petition, that our marriage had broken down irretrievably following my confession of adultery. The world already knows about my adultery, it''s been shouted from enough rooftops!

It''s not like he''s got money to burn. He''s claimed poverty for the last six months. And suddenly he can afford to pay a solicitor to cross-petition on a point of order? Perhaps I will need to scrutinise his bank statements more closely when it comes to the Financial Order!

  • .Charles
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12 Jun 12 #336255 by .Charles
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The problem is that you do not have consent therefore your Petition cannot succeed in it''s present form. Written consent is required by the respondent prior to issue otherwise their is a risk that consent can be withdrawn.

If you have admitted adultery in correspondence your husband''s petition is almost certain to succeed and he is likely to obtain a costs order against you.

Charles

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12 Jun 12 #336312 by SilverFir
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.Charles wrote:

The problem is that you do not have consent therefore your Petition cannot succeed in it''s present form. Written consent is required by the respondent prior to issue otherwise their is a risk that consent can be withdrawn.


I believed I had his consent. He himself applied for a warrant to Petition for divorce in Scotland a couple of years ago; and in an email to me only three months ago (one of the last we exchanged) he suggested that I apply for an English divorce on the basis of two years'' separation. Does that not constitute written consent? As far as I understood, I was proceeding "in good faith".

He is being deliberately vexatious by telling me to obtain a divorce on that basis and then withdrawing his consent for no obvious reason.

That is at least how I would argue it in court ;)

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