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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.


Divorce fees

  • Ostrich
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23 Aug 12 #351522 by Ostrich
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Hi there, I''m new to this so hope I''m posting in the right place!

I''ve just received the divorce petition from my ex husband and I''m not contesting the divorce. We have children who live with me but have a good contact arrangement in place plus an agreed maintenance amount.

The only part of the D10 I''m unsure about is when it asks if I agree to costs. I''d obviously prefer my ex to pay the costs - I''m not on the breadline but I''m just about managing to get by whereas he has a lot more disposable income. We''ve been separated for two years and I''m in no major rush to get divorced but I''m not against it either. Ideally the divorce would go through with him paying the costs. Is this unreasonable of me? Can anyone please advise me what I should answer for that question of the form because obviously if I say I don''t want to pay the costs, I have to give a reason.

Thanks in advance.

  • LittleMrMike
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24 Aug 12 #351581 by LittleMrMike
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To some extent it depends on what the grounds are.

Where the divorce is fault based then it wouldn''t be unusual to claim the costs of the divorce petition. To some extent, I suppose this is reasonable ; if I committed adultery and in effect drove my wife to it, perhaps it''s not unreasonable that I should pay the costs.

Where the grounds are unreasonable behaviour I have sometimes suggested that you reply along the lines, in effect, that it''s six of one and half a dozen of the other, so the costs should be shared.

Where the divorce is by consent sharing the costs is normal and, I suggest, reasonable.

It only remains to add that the costs relating to financial proceedings are treated differently ; here the rule is that each party pays their own costs ( excuse bad grammar ).

LMM

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27 Aug 12 #352112 by Ostrich
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Thanks so much for responding to my post, LMM. I got the notification into my junk mail so didn''t notice it until just now.

I should have said that we have been separated for two years. There was no adultery, just plenty of his unreasonable behaviour!

From what you''ve said I guess I''ll need to share the costs. Thanks for the help. :)

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