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Do I object to paying the court fees?

  • Thurman
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08 Dec 11 #301294 by Thurman
Topic started by Thurman
Background: Been married for 14 years (together for 21), and it's sadly just come to an end. Neither of us have done anything wrong, we're both just two very different people to what we were 21 years ago.

We both want an amicable, straightforward 50/50 split of all finances (we own a small house and have a few savings), and there are no kids.

Because it is such a mutual decision to split, we felt it didn't matter who was the Petitioner and who was the Respondent. So she offered to be the Petitioner.

Despite my protestations (we can *easily* DIY this divorce) she insisted on employing a Sol. I, however, am not employing a Sol.

I received the Notice of Proceedings from the court this morning.

It all seems very straightforward, but I'm a little unsure about Section 6 on the "Acknowledgement of Service" form regarding 'costs'.

My wife has agreed to pay for the divorce and pay for her Sol. So, effectively, the div itself isn't costing me anything. She says the court costs are included in her Sol's one off, fixed rate, flat fee.

So, do I "...object to paying the costs of the proceedings?" And what 'grounds' do I give if so? Am I right in thinking if I DO give grounds, I then have to "...go before a judge to pursue this objection"?

  • LittleMrMike
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09 Dec 11 #301299 by LittleMrMike
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It could depend on the grounds for divorce.

It's unusual to claim costs in cases where consent is a prerequisite, because to do that might get people upset and the consent might be withdrawn.

Where the grounds are fault based, the likelihood is that costs will be claimed, and will normally be awarded.

Are you on sufficiently good terms with your wife to discuss the matter and agree to split the cost ?

LMM

  • dukey
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09 Dec 11 #301305 by dukey
Reply from dukey
I would guess the reason for the divorce being used is unreasonable behaviour if so you do object and the reason is that the Petitioner has agreed to pay the costs.

  • Thurman
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09 Dec 11 #301307 by Thurman
Reply from Thurman
The grounds are indeed my "Unreasonable Behaviour" (though this was obviously the most applicable of the Grounds to choose from even though my behaviour wasn't unreasonable :()

And, like I say, she's agreed to pay for proceedings.

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09 Dec 11 #301313 by dukey
Reply from dukey
Unfortunately because there are only five factors to use for divorce many end up using UB rather than wait two years so you are far from alone in being creative when it comes to the reasons, for peace of mind write to the solicitor to confirm they are not seeking costs.

  • Thurman
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09 Dec 11 #301392 by Thurman
Reply from Thurman
"...Where the grounds are fault ­base­d, the likelihood is that costs will be claimed, and will normally be awarded..."

So, are you saying that in divorce proceedings, the Respondent AUTOMATICALLY foots the bill because he/she is (allegedly) at fault?

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09 Dec 11 #301406 by dukey
Reply from dukey
Ive read back and I can't see what I wrote that would make you think anything is automatic, when unreasonable behavior or adultery are used then yes costs do follow, the only real defense is if you cannot afford to pay the costs or that costs are agreed.

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