A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020
Mon/Fri 9am-8pm       Sat/Sun 2pm-8pm
Call for FREE expert advice & service info

\"Counter-Petition\" in the case of Adultery

  • McAusland
  • McAusland's Avatar Topic Author
  • Fresh Boarder
  • Fresh Boarder
More
3 years 5 months ago #492569 by McAusland
Helping a friend with divorce. She has no money for solicitor and not eligible for Legal Aid - thought someone might know the answer to this.

She is the Respondent, and he cites Unreasonable Behaviour, but has not asked for an Order for Costs. He has money and income, she is broke, living in rented accommodation off peanuts.

We read with interest on the Acknowledgement of Service that Adultery is of particular relevance to the Order for Costs. Now that a Petition has been submitted is she, as the Respondent, able to find a solicitor and petition back, saying \"he committed adultery - I want him to pay for my solicitors fees?\" I have every reason to believe that she is telling the truth, and she naturally could produce evidence.

Please Log in or Create an account to join the conversation.

  • WYSPECIAL
  • WYSPECIAL's Avatar
  • Moderator
  • Moderator
More
3 years 5 months ago #492574 by WYSPECIAL
If he has already petitioned for UB why would he admit to adultery?

She won't need a solicitor if she is respondent for the UB petition and if he isn't seeking costs why not just go with that?

Please Log in or Create an account to join the conversation.

  • McAusland
  • McAusland's Avatar Topic Author
  • Fresh Boarder
  • Fresh Boarder
More
3 years 5 months ago #492578 by McAusland
Thank you. I doubt he would deny it, and there is evidence enough were it necessary. The reason we are wondering about applying for costs is that that seems to be the only hope she has of instructing a solicitor. The financial negotiations are not going well, and we don't have the understanding of how to negotiate with his solicitor, where they seem to have taken an immovable position and are simply waiting as the time pressure mounts on her, seemingly in order to 'starve her out' and force her to agree to a poor settlement.

Please Log in or Create an account to join the conversation.

  • WYSPECIAL
  • WYSPECIAL's Avatar
  • Moderator
  • Moderator
More
3 years 5 months ago #492584 by WYSPECIAL
The only evidence that would prove adultery are pornographic pictures showing consensual penetrative sex or a baby so unless he has agreed to admit adultery probably wasting time and money.

The actual divorce is completely separate to the financial application anyway so getting the costs paid for the divorce would mean just that part of it.

You're unlikely to get costs for the financial side of things.

Post details of ages, length of marriage, children, incomes and assets and people will give you an idea of what a fair split may look like.

Please Log in or Create an account to join the conversation.

  • McAusland
  • McAusland's Avatar Topic Author
  • Fresh Boarder
  • Fresh Boarder
More
3 years 5 months ago #492605 by McAusland
Thank you - very helpful

Please Log in or Create an account to join the conversation.

  • .Charles
  • .Charles's Avatar
  • Platinum Boarder
  • Platinum Boarder
More
3 years 4 months ago #492632 by .Charles
Getting back to the original question, a respondent cannot ask for an order for costs if the divorce is successful. The petitioner applies for the divorce and can apply for costs if they so wish.

The only way a respondent can obtain a costs order is when they successfully defend a petition which is subsequently dismissed.

Charles

Please Log in or Create an account to join the conversation.

  • McAusland
  • McAusland's Avatar Topic Author
  • Fresh Boarder
  • Fresh Boarder
More
3 years 4 months ago #492635 by McAusland
Thank you - also helpful

Please Log in or Create an account to join the conversation.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11