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Do I have to pay her costs?

  • Wickedone
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17 Jan 08 #11005 by Wickedone
Topic started by Wickedone
:(My wife has petitioned for divorce and I have no wish for this to happen but it seems the process is irreversible. The decree hearing is very soon and she is still wanting me to pay her costs.
I resent this as I have done nothing wrong. Whilst I do earn more than her she still has a full time job and can afford to pay the costs. Do I still have to pay?

  • attilladahun
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17 Jan 08 #11014 by attilladahun
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Depends on the facts - what are the grounds UB?

Is her solicitor acting in the divorce or have they merely helped her to prepare the Petition -check if she signed the Petition or her solicitors

If her -the costs are charged as a litigant in person and the costs would be relatively minor as Court fees exempt and fees say £150 + VAT so not worth the hassle arguing!!

If not---If say you could yourself had issued a divorce petition on the basis of her UB you should then list those in reasonable detail and file with the Court and send a copy to O/S saying you should not have to pay and ask if she would drop the costs claim.

If they don't reply or agree turn up to Court and oppose. The O/S may not attend -in our Court if O/S doesn't turn up the DJ's usually make NO order.

It is a lotery cos if her UB is strong the costs would increase if O/S have to turn up to argue so there are Pro's and Cons.

You could always pay the costs from the Joint Account:)

Seriously a fall back position if Solrs are acting is say to pay 1/2 costs or a contribution which is better as that avoids cost of assessment. Contribution could be say £600-650.

  • braindearth
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18 Jan 08 #11032 by braindearth
Reply from braindearth
Is there any benefit in being the one to petition first (apart from satisfaction of course)?

My wife is preparing to petition on UB, but I believe I have an equal justification for doing the same thing. Dont really know what to do. Any advice anyone?

  • Josh2008
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18 Jan 08 #11036 by Josh2008
Reply from Josh2008
Brain, I think you are in the same boat as me

You don't want the divorce, but it will happen if she petitions on UB

Yet you are now considering petitioning first.

Exactly what I am doing, I know she wants the divorce, but I am loathed to allowing it to go through without any say in it.

My s2bx has not given any specific details..i.e. dates examples etc..so I believe that if I cross petition the DJ will let it go through on mine.

As far as I can see the only real gain is that whoever's petition goes through, the petitioner is then in control of when to apply for Nisi and when to apply for absolute.

In theory it can be delayed for an indefinate period as the respondent can only apply for the absolute, not the Nisi and then only 4 1/2 months after Nisi

In my thinking it allows time for the 'unhappy' party to get over the emotional strain, anxiety, distress etc..and to have a clearer picture of what's in store for the future.

Wheras the one who wants the divorce if in control, can effectively see it through considerably quicker and leave the respondent in a bit of a quagmire

Good Luck Brain, I know it's not what you want, I have spent the past 2 1/2 months on a downer, but starting to accept the inevitable, hopefully on my pettion

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18 Jan 08 #11038 by braindearth
Reply from braindearth
So if I petition first then does this mean that I can delay the whole process. By how much (would like a sol's comment really).

there are circumstances in this that I would like to see unfold before it is finalised you see.

  • loobyloo
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18 Jan 08 #11041 by loobyloo
Reply from loobyloo
Due to content of my divorce position and that my x2b did not contest it costs where awarded against him... prob be cheaper to not contest depending on reasons as said on earlier reply
its all so messy eh!!
looby

  • Wickedone
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18 Jan 08 #11113 by Wickedone
Reply from Wickedone
Hi Thanks for the advice. At present it looks like she signed the paperwork and presented to Court. I no doubt could go for unreasonable behaviour but really don't want to start a fight. I'll try and find out what the costs are, if its £150 its probably easier to pay.
Thanks once again

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