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What are we each entitled to in our divorce settlement?

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Just received certificate of entitlement to decree

  • Lisaloo7896
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22 Sep 17 #496403 by Lisaloo7896
Topic started by Lisaloo7896
Just wanting some advice really.I Have just received certificate of entitlement to a decree.On the grounds of 5 years separation I am the respondent and it says I have to pay the costs of the petitioner.What are these costs? Also when I sent off the papers to the courts I did tick the box saying I objected to paying theses costs.Should I be contacting a solicitor if I don't want to pay his costs or can I sort all this myself.Its him that wants a divorce and left me in considerable debt when he left so it's a smack in the teeth to have to pay his costs ?

  • .Charles
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23 Sep 17 #496408 by .Charles
Reply from .Charles
Costs orders on 5 years separation petitions are not meant to be made (I forget the case law, I think it was Chapman v Chapman 1972).

If you look at the explanatory note on page 14 of the new petition it says this:-

"You can ask the court to consider making an order that some or all of the costs of this application are paid for by your spouse/civil partner and/ or, if applicable, the corespondent. The court will not normally order costs where the application is based on 5 years' separation.
"

The idea is that after 5 years separation either party can apply for a divorce without the others consent therefore there is no fault which would give rise to costs.

Charles

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23 Sep 17 #496428 by Lisaloo7896
Reply from Lisaloo7896
Thank you for a quick reply.So the only cost incurred should be the court fees for the divorce.But surely if he is wanting the divorce he should be paying for it ?we have no assists or children to fight over . Do I need to go to court on the date on the letter and contest the cost to respondent or will this happen at a later date.I want to do this without hefty solicitors fees so any help is much appreciated.

The letter I've got reads the court certifies the petitioner has proved is entitled to a divorce on the grounds of 5 years separation and to an order that the respondent pays the costs of the petitioner

It also says any partyto these proceedings may be heard on the question of costs at the hearing a party will not be heard unless she has served the court and other party notice of her intention to attend and to apply for or oppose the making of costs not less than 14 days

This is happening on the 11 October so I need to serve the court and his solicitor by Wednesday if I am correct so can I do this on my own or should I get a solicitor help at this stage ?

Sorry I feel pretty uneducated on these legal matters and find it quite overwhelming

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25 Sep 17 #496452 by .Charles
Reply from .Charles
The costs of divorce will include the solicitors fees as well as the court fee.

You could write to the solicitor and point out the guidance on the petition and invite their client to delete the claim for costs.

The rules on these matters are far from rigid. Some courts apply them in different ways (or not at all) and some judge's do their own thing. Even for those working in the law, it is impossible to state exactly what will happen.

Charles

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