decree nisi adultery

i filed for adultery naming co rep who promptly said:( she was not getting involved.he wanted me to apply for Decree Nisi on basis of adultery with unnamed party.i got pr detective they are on film,he lied on ack of service sent it back to ct before he knew about the pr detective's report.i racked 7k of costs.solicitor now wants a costs hearing and to ask the judge for a divorce naming her even though she is not cooperating.does anyone know if it is likely that the dj would grant a divorce without her filling in the ack of service i thought she has to or it can't go ahead solicitor thinks it can does anyone have any thoughts please.

Sadly a situation like this should never be allowed to arise...spending £7,000 on proceedings and you have no decree is madness. It matters not if someone is named or not indeed to guidance is NOT to name someone unlee H refuses to pay costs.

No need crying over spilt milk.

Solicitor now wants a costs hearing and to ask the judge for a divorce naming her even though she is not cooperating -You cannot proceed with a special proceedure divorce as Co Respondent does not admit it. So Solicitor does not proceed to a costs hearing!!!

Accordingly if you are determined to proceed you will need to apply for directions for trial and the matter will be a trial in open court and the costs and risk factor very considerable.

See the Court's overriding objective
link:http://www.justice.gov.uk/civil/procrules_fin/contents/parts/part01.htm

If H has say admitted adultery but not with her and he agreed to pay costs and you refused that offer the RISK is that at trial the issue of costs usually follow the event BUT the Judge has a discretion -so it is not a given that he orders the R & Co R to pay the whole costs -you could have an empiric victory if Judge orders the two to pay the costs H would have paid if you had proceeded to a divorce under the special proceedure.

not sure i ully understand.h is offering £800 costs sol says ludicrus as eng agent was 5k hubby lied on ack of service @i have not committed adultery with the co r or any other person nor have i ever resided at co r's address'after he filed that my sol let him know we have enq agent report ,video ev,and a taped confession to me.i recorded it on digital recorder.my costs 7k at that point.hubby then wanted to pay 800 costs if i would take her name off sol said technically no way cud i apply for dn as he denied it.then 1 yr later h filed ack no 2 admitting ad with unnamed person and offered 800 my sol advised not to agree as my costs so high.meanwhile huse is in neg eq and i am forced to file for bankruptcy mess mess can dj grant dvorce on what there is b4 the ct.my life is 1 big mess at the moment any thoughts

if h is offering£800 and costs to date are 8k what will he make of h offer.can dj not just consider costs order v hubby for p...... about leading to costs escalating with enquiry bagent etc

what is a dj likely to say at a directions hearin

Jelly4toes,

I cannot understand how on earth it has got to such a mess when a solicitor is being paid good money to advise you!?

An actual divorce can be quite simple there are only 5 grounds for divorce, why spend all this money on private detectives etc - can you not both agree on what to divorce on the grounds of!? Nobody cares at the end of the day as long as you both get a bloomin' divorce!!

The real costs are usually incurred when couples divorcing start fighting over assets - I would try and put a stop to this toing and froing...