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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.
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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?
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Initial Petition - what happens if STBX defends?
13 May 12 #330285 by SilverFir
Topic started by SilverFir
I''m asking different questions all over this forum now!
I intend petitioning for divorce on the basis of two years'' separation with consent (using my local court, paying the £340 fee myself).
There is a chance STBX will defend the divorce because he may want to change the basis for divorce to adultery on my part (which I wouldn''t contest, but I can''t Petition on the basis of my own adultery!)
What happens if he defends the divorce? Does he have to start his own Petition (and pay his own £340 fee); or do they change the basis of the divorce petition that I''ve already raised?
I know that STBX wouldn''t gain anything practically by defending, but you try telling him that - I''m pretty sure he''ll defend and ask for the switch to adultery simply to take the moral high ground.
I intend petitioning for divorce on the basis of two years'' separation with consent (using my local court, paying the £340 fee myself).
There is a chance STBX will defend the divorce because he may want to change the basis for divorce to adultery on my part (which I wouldn''t contest, but I can''t Petition on the basis of my own adultery!)
What happens if he defends the divorce? Does he have to start his own Petition (and pay his own £340 fee); or do they change the basis of the divorce petition that I''ve already raised?
I know that STBX wouldn''t gain anything practically by defending, but you try telling him that - I''m pretty sure he''ll defend and ask for the switch to adultery simply to take the moral high ground.
13 May 12 #330304 by Fiona
Reply from Fiona
Most people see sense if they are aware that the other party will be seeking legal representation and costs.
In divorce proceedings the general court rule is that the unsuccessful party pays the costs of the successful party. Rarely can divorce be defended successfully and the costs aren''t insignificant.
In divorce proceedings the general court rule is that the unsuccessful party pays the costs of the successful party. Rarely can divorce be defended successfully and the costs aren''t insignificant.
13 May 12 #330306 by SilverFir
Reply from SilverFir
Oh''eck, I hadn''t even given any thought to asking for award of costs That''s the problem with having spent three years in the Scottish system, I''m used to people telling me that it''s "rare that costs are awarded".
Now where''s the forum section for discussing how you ask for & try to win an award of costs?
That''s the problem with having spent three years in the Scottish system, I''m used to people telling me that it''s "rare that costs are awarded".Now where''s the forum section for discussing how you ask for & try to win an award of costs?
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