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Costs of Petition

  • solarcarrot
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28 Nov 07 #7988 by solarcarrot
Topic started by solarcarrot
My wife has issued a petition on UB grounds and I have to agree to costs of £800 to be paid. She has made many unfounded allegations about me which has cost £1200 so far in fees to defend. Because of this I object strongly to paying this fee, we both had grounds of both adultery and UB we could have petitioned on.

I need to decide tomorrow whether to accept this £800 fee in addition to my costs or to do either these 2 options (copied from sol email)

Option B - the form is filed stating that you do not intend to defend the divorce but you do intend to defend the claim for costs. In my view, you stand very little prospect of success in defending the costs argument if you accept the allegations. If I am right, you would have my fees to pay for attending court and the fees of her solicitor (£800) plus whatever her fees were for attending court.

Option C - you defend all of the petition. Following several hearings, the court will list the matter for a final hearing if it is not settled. Both you and your wife will need barristers and you will both have to give evidence. The court will make its decision based on the evidence presented and the impression you both give to the Judge - unlike the criminal court, the standard of proof is not beyond "all reasonable doubt" but based on the "balance of probabilities".

So what do u "soothsayers" think I should do, swallow the bitter pill of her costs despite having already paid £1200 to fend off her lies or go for option C which is really the only option betweeb B and C

Thanks

  • Camberwick green
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28 Nov 07 #7993 by Camberwick green
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I honestly think that you would be better to swallow the bitter pill, pay what costs are now against you and have done with it. Unless of course you want to and up paying thousands for court hearings because you feel she is being unfair in her statement, the courts are not interested in why you do not want to be married anymore only that if there are financial matters or children you are arguing over.

  • topaz
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28 Nov 07 #8018 by topaz
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my sx2b was going to defend the petition also but his sol talked him out of it because of the high costs involved.His pride was sorely dented about the petition 's content( U B )but he signed the petition for div to proceed. it was written as... tho he agreed to petition he did not necessarily agree to the grounds given.That is how it's done it seems,it saves face but allows div to proceed.he did not pay my costs,..he refused but did pay half the court fees of£340,so we both paid half each. to pursue my claim( petitioner) for div costs would have cost me a lot more in fees than the costs themselves, so on my sol's advice I didn't pursue costs.seems to be a give and take situation.So I would cough up what you have to and let the div proceed( not defend it) and save your money as you'll need it soon enough anyway to pay the sol fees.good luck.option b doesn't make sense to me considering the way mine was dealt with.

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28 Nov 07 #8024 by solarcarrot
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Yes I agree, I have backed off and will save the cash for the battles ahead!

Thks xx

  • wscowell
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29 Nov 07 #8042 by wscowell
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Carrot,

It's shutting the stable door after the horse has bolted, but why on earth did you even think of defending the allegations at the outset? And perhaps more to the point, why did your solicitor let you?

Rule #1: On a UB petition, it's a given that the allegations are (i) untrue and/or (ii) exaggerated and/or (iii) taken out of context. The number 1 question is: "Has the marriage broken down - should it be dissolved?"

If "yes", then don't even think of defending, simply put on the Ack of Service form "I deny the allegations but accept that the marriage has broken down. I therefore do not defend but reserve the right to defend against the allegations if they are subsequently brought up in litigation".

Result: you get your divorce, her costs are minimised, the costs you have to pay are minimised both ways, everyone is happy. The true cost to you is of course to your pride. That's the reason why UB petitions are defended usually. Well, pride is an expensive commodity. Pragmatism is much better in this situation.

But it's a worry if you didn't get this advice from your solicitor. If you didn't, I humbly suggest that you have not been properly advised, and your solicitor should be approached with a view to reducing his bill. The Legal Complaints Service would certainly find "inadequate professional service" here and award a reduction in the bill.

You may of course be in the position of having made your bed, and having to lie in it. Depends on the working relationship with your solicitor, and how much you value it. Sorry, nothing of black-letter law here, all about human relations, common sense etc. Good luck though, save that money for the battles ahead.

Will C

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29 Nov 07 #8062 by solarcarrot
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Thanks, the solicitor has advised exactly what you are saying, the pragmatic approach and I did instruct exactly as you say.

Thanks

  • Camberwick green
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29 Nov 07 #8097 by Camberwick green
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Good luck SC

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