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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.


Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


Who pays the £340 court costs?

  • Dickie mint
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24 Apr 12 #326373 by Dickie mint
Topic started by Dickie mint
I''m the respondent in divorce, and unexpectedly had the bombshell dropped on me 7 weeks ago. Wife dragging her heels now with Petition etc, god knows why!
When she finally does, I understand that there is a court cost of £340 to pay.
Who should pay for this, it is her that wants the divorce, it isn''t something that I initially wanted, but naturally having had 7 weeks for it to sink in, I realise that I really don''t want to be with her anymore anyway.

We still live in the FMH and we have an arrangement to share the cost of all the bills, in an agreed percentage. Mine is higher than hers, as I am the higher earner.

Advice welcome on who pays and in what proportion the divorce costs please?

  • Lostboy67
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24 Apr 12 #326379 by Lostboy67
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Hi
I think it depends on the grounds for the divorce. If it is UB or Adultery then the costs would normally be yours to pay. You could perhaps discuss this with her and agree to pay half each

LB

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24 Apr 12 #326384 by Dickie mint
Reply from Dickie mint
Why should it be me then? I''m confused now!

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24 Apr 12 #326389 by dukey
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As lostboy said it depends on the reason for the divorce if it is unreasonable behavior the person asking for the divorce can ask you to pay for it, why well because it''s fault based as lostboy explained, it''s best to try and agree who pays what. Just try and talk this through, try not to adopt a defensive approach, the costs could end up being way more than £340 talk talk and talk some more.

  • .Charles
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25 Apr 12 #326420 by .Charles
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Just to clarify, the Petitioner - the person who issues the Petition - claims costs from the respondent. They can choose not to pursue the costs, or to accept an agreed amount, at a later stage.

If the petitioner uses a solicitor and claims costs from the respondent, the costs will include the court fees (£340 + £45) and the solicitors fees which can be another £900-£1500. If the petition has to be personally served upon the respondent the fees of a process server will be added - around £150.

Charles

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25 Apr 12 #326430 by cookie2
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You should certainly agree about the costs in advance. It is very common for the Petitioner to say they will pay costs if the divorce is not defended, or to pay 50/50 each, or to split the court fees and each pay your own sols.

  • simonpinkney
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22 Jan 13 #375818 by simonpinkney
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Just thought I''d post a quick reply to your comments re Process Server charges for the benefit of others if they read this in the future.

I am a Process Server and if you are paying £150.00 for service of a Petition then this is a little steep. There are plenty of Process Servers out there for you to choose from. As an example we would charge £87.50 + VAT and would make three visits for that fee provided service in England or Wales. Scotland is usually more due to the remoteness of many places we serve in. It pays to obtain a quotation first.

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