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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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divorce costs

  • Duke8
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20 Aug 12 #350780 by Duke8
Topic started by Duke8
wife wanted divorce on grounds of unreasonable behaviour . I agreed to her request of divorce but not reasons why , basically just gone along with everything she wanted because i could not cope anymore with her and her families behaviour. She has now hit me with the divorce costs and the court has granted Decree Nisi and ordered that i will be liable for costs. Help me please i feel my solicitor has ill advised me and not really helped , i want to appeal and feel that if she wants the divorce she can pay , her behaviour has been worse than mine especially since separation.

  • LittleMrMike
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20 Aug 12 #350784 by LittleMrMike
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You have to make a distinction between the costs paid in connection with the Petition and the costs in connection with the application for a financial order.

Your wife petitioned on the grounds of unreasonable behaviour. For a fault based divorce it is common to claim costs, and it would not by any means unusual for costs to be awarded, although they are at the discretion of the Court.

Personally in UB petitions I would usually suggest that you deny the truth of the allegations but accept that the marriage has broken down ( assuming you accept that it has, of course ), that it was six of one and half a dozen of the other and therefore the costs should be shared equally. Such an outcome would really be the best that you could hope for and in your case the Court has already made an adjudication.

It''s the issues regarding finances and children that tend to set the costs clock whirring round, and the general rule is that each party bears their own costs unless one of them has behaved unreasonably.

It may well be too late to challenge the ruling but it is by no means uncommon for costs to be awarded where the ground for divorce is fault based and contesting it now might be throwing good money after bad ; but you do have a solicitor.

LMM

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20 Aug 12 #350798 by Duke8
Reply from Duke8
thankyou for responding LittleMrMike ; so a normality in these circumstances is that the Respondant pays for the divorce court cost,which ive been told is approximately £1000 and that all other costing is divided accordingly or left to the discretion of the court , am I correct in thinking this

  • .Charles
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21 Aug 12 #350894 by .Charles
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It is normal for the respondent to bear the costs of the divorce proceedings. £1000 is somewhere in the middle of where it might be - typically the costs are £850-£1500 depending upon which part of the country you are in.

In relation to any other costs incurred, each party will bear their own costs. However, this depends upon the needs of the parties and the amount of assets. If the needs of each party is met, each party will bear their own costs from their eventual share of the matrimonial pot.

Charles

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23 Aug 12 #351437 by Duke8
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Thankyou Charles for your response to my questions

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