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  • sluffman
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14 Feb 08 #13895 by sluffman
Topic started by sluffman
hi ya all
the wife will be putting in for divorce (unresonable behaviour I wont contest it)will i need to pay anything towards the leagal fees. Do i need to see a solicitor or will the paperwork cover all custody house ownership stuff like that. I dont know as I havnt done any of this beforeshe has left me with the children an the house??????? at present

Thankyou:ohmy: :S

  • gone1
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14 Feb 08 #13897 by gone1
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Hiya. No. Divorce is just the legal ending of the marriage. You are not contesting so thats good. This will not cost you a penny. Sign and return the petition. The rest is done seperatly. Ancilory relief for the finances and children is also a special set of court apearences. Divorce is not a simple process now. Welcolme to the club ;)Chris.

  • Elizabeth
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14 Mar 08 #16824 by Elizabeth
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Hi Sluffman,

As the other post said if you do not contest the divorce you will not have to pay anything - I was advised however 9even as the respondent) NOT to cross out the ancillary relief claim - this could be important later. The person who petitions is not necessarily the one who applies for ancillary relief.

It seems odd but you can be divorced but no financial assets sorted - you may be able to get your wife to agree to a Consent Order whereby everthing is done by agreement between you and therefore MUCH cheaper than going down the court route - also much quicker.

If you have the children and it stays that way you are much more likely to have a favourable outcome if it does go to court, you could apply for a residency order to ensure that you are officially the parent with parental responsibility - this just formalises things. It can be done by getting the forms from the court - complete them yourself - going to a solicitor will cost you - very often the court clerks will tell you what form for what but won't give (can't give by law) legal advice. A lot of solicitor's costs are admin that you can do yourself.

I hope you are feeling ok emotionally, it must be hard but at least you have your children...that's a godsend.

  • Fiona
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15 Mar 08 #16859 by Fiona
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Just to clarify, assuming parents were married at the time the child was born both parents automatically have Parental Responsibility and are seen as equal. Most parents make their own arrangements without involving the courts.

The terms custody/access are no longer used in the UK, these days they are referred to as residency/contact. Courts should only be used when there is a serious dispute and other ways of resolving matters such as mediation have failed. There is a no order principle meaning a court won't use an order if the matter can be sorted another way.

  • loobyloo
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15 Mar 08 #16861 by loobyloo
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actually my x2b didnt contest my petition but was ordered to pay costs at nisi. each case differs
looby

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15 Mar 08 #16862 by loobyloo
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actually my x2b didnt contest my petition but was ordered to pay costs at nisi. each case differs
looby

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