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What are we each entitled to in our divorce settlement?

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Decree Nisci

  • pooh03
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28 May 12 #333360 by pooh03
Topic started by pooh03
I have just had the court documents telling me the Decree Nisi will be issued on the 14th June. It mentions that there will be an order re: costs. On the respondent form to the Petition I did answer yes, that I objected to paying costs. What do I need to do now - should I attend court, do I need to send a statement of why I don''t think I should pay costs etc? My STB X husband earns about 30% more than me, he has engaged a solicitor who he has been to see at least three times already - she advised him that he must have 50% of everything in the financial settlement!I am trying to act for myself as I can''t afford a solicitor - I earn £30 a month too much for legal aid! We are still sharing the house until it''s sold as he won''t move out and I can''t afford to, He will only contribute the same amount of money as I do into the joint pot, but obviously this leaves him with money and me without - I have suggested that he puts the 30% extra in, but he won''t his solicitor says to match my contribution only. I''m really worried that I will end up paying for the divorce and his solicitor''s fee - I don''t have the money! thanks

  • LittleMrMike
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28 May 12 #333365 by LittleMrMike
Reply from LittleMrMike
When talking about costs, you must distinguish between costs incurred in lodging the Petition, and costs incurred in subsequent financial proceedings.
You don''t say what his grounds for divorce were. Where they are '' fault based '' ( I have used inverted commas because in many cases it''s often six of one and half a dozen of the other ) then it is not at all uncommon for the '' wronged '' party to claim costs. Costs are always in the discretion of the Court.
When it comes to the financial proceedings ( and this is where the clock starts to tick rather loudly ) then the general rule is that each party bears his or her own costs. Costs then are normally awarded only if one party has behaved unreasonably, eg undue delay, failure to attend appointments,and so on.
My own recommendation is, frankly, that you should offer to pay half the court costs incurred on the issue of the Petition. If you both want out of the marriage, maybe there is some fairness in sharing the costs involved in getting out of it.
Other than this I don''t think you need to worry too much about paying his solicitors fee, unless, as I said , you were ordered to pay costs in the financial proceedings.


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