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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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Contesting costs

  • jane61
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09 Sep 12 #354800 by jane61
Topic started by jane61
It doesn''t bode well that even as early as the Decree Nisi hearing he is challenging cost.
I have made an application through my solicitor for a divorce due to unreasonable behavoiur, STBX said he would not contest it but didn''t agree with the reasons and he would not be paying costs. He has now sent his costs to court and applied for these to be considered. So far from my costs are £1200 and he is stating that his are nearly £1600 I can see no reason why. I cannot afford for the solicitor to turn up at court for this, how should I argue that he should pay costs. I feel at the very lease it should be pro rata our earnings. One of the grounds for divorcing him is marginalisation especially with monies. HELP PLEASE

  • .Charles
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10 Sep 12 #354911 by .Charles
Reply from .Charles
As a respondent he can present a cross Petition or defend a divorce. As he has done neither he will not be entitled to his costs unless your application for divorce is rejected.

At the forthcoming hearing the judge will grant the decree Nisi and will make a costs order in your favour if this is deemed appropriate. Otherwise s/he will grant the nisi and make no costs order.

If you attend at the hearing without a solicitor, you can state that the respondent''s behaviour has caused the breakdown of the marriage and you have had to incur the costs of divorce that should be met by the respondent. There really is nothing more to say.

Charles

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