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naming co respondant & costs

  • colin533b
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07 Feb 08 #13114 by colin533b
Topic started by colin533b
Hi - I have just filed for divorce, named a co-respondent and asked for costs, but there wasn't too much info on how the 'costs' process works. Does any one have any experience of on what grounds costs are awarded/rejected.

Also they have said that because I've asked for costs, they are going to deliberately slow the process down - any ideas about how difficult they could make it without actually defending the adultery claim?

thanks in advance

colin

  • unic
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07 Feb 08 #13115 by unic
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I think you will both end up paying your own costs. Thats my information

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07 Feb 08 #13120 by Mrs Ingledew
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Have just been through this.
Short answer he was ordered to pay 50% of my divorce costs and he slowed it up by 5 months.

Background below

Firstly they did not respond to the petition.

The petition was issued on the 7th July. My ex replied at the beginning of September, she replied on the 29th September denying the adultery, but didn't return it until beginning of November! Should have been mid July...

I swore the affadavit without her name as I was told it would cost another £2-3k to pursue her. This was mid November and I had a hearing date of 23/1 for Decree Nisi.

We went for full costs against him as it was an adultery case. We put a proposal to him that he took costs of £750in November - expecting him to come back with a 50:50 split but no response.

When the notice for the Decree Nisi came through it still mentioned her as co-respondent - a slip up by the court that I didn't mention and he didn't pick up!

At the Decree Nisi he attended - because he didn't want costs. He was asked to provide written objections by 27th December - he produced them 2 days before court on the 21st January. The objections were still looked at by the court. Although they were in essence dismissed my understanding from my solicitor is that this particular judge tends to split costs if the other party attends and as my stbx is threatening bankruptcy this adds a little more confusion to the pot.
Judage awarded costs to the petitioner in every case where the respondent didn't turn up and told my stbx to pick up 50% of my costs which have amounted to £1600 so he is £50 out of pocket on the original proposal.

Anyway I was given the Decree Nisi with her mentioned as co-respondent - arrived on my birthday and must admit with evil smile I felt vindicated!.

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