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Budgeting for fees - Court Costs

  • NickDJ
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14 Jun 13 #397222 by NickDJ
Topic started by NickDJ
Good afternoon,

I''m currently going through a divorce and have agreed a ''Clean Break'' with my ex. This all sounds lovely but I''m not the wealthiest person you''re likely to meet and need to somehow budget what I''m expected to be paying.

I''ve been sent a letter from her solicitor saying there is a court fee for a ''Consent Order'' and would like me to share the £45 cost because she is not on Income Support. That''s fine as long as it''s fair.

I''m now thinking what else am I going to have sprung on me. I know there is a fee for a Decree Absolute where I pay £90 and she pays £45 but what else? I''m just a little worried as £90 is a lot of money in my circumstances (I budget that amount for food!) so any sudden surprises could really make things difficult. I''m not really sure when I''m expected to part with this though.

Can anyone give me a heads up on costs and when I should expect them?

Thanks in advance,

Nick

  • Forseti
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15 Jun 13 #397276 by Forseti
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Who is divorcing whom?

There is a fee of £45 to apply for a Decree Nisi to be made Absolute, but I''m not sure why you are being asked for £90. Has the Petition been amended?

The cost of a consent order is £45 and it is fair to share that.

Whether there are further costs depends on what is agreed between the parties and whether you need to return to court for further orders. Divorce can be as expensive as the parties make it.

Note that next month the costs of applications are due to rise - in some cases by over 40%.

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18 Jun 13 #397651 by NickDJ
Reply from NickDJ
Thank you for your reply.

My ex wife started the divorce proceedings so I''m the respondent. Not sure why her costs are less than mine and thought this was normal. I did send a letter to her solicitor advising that I was happy to share the court fees as I was able to fully defend the claims of unreasonable behaviour. I did not want to defend the divorce and believe that both parties were equally to blame.

There isn''t any property to divide so I hope its just all paperwork.

My understanding is that there is £45 cost for this ''consent order'', and then she pays £45 for the decree Absolute and then I pay £90 for the decree Absolute. Does this sound right or is someone taking me for a ride?

Thanks again.

Nick

  • .Charles
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18 Jun 13 #397670 by .Charles
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Court fees in family matter are only paid by the applicant/petitioner. In your case, your wife is the Petitioner therefore she will pay the Petition fee of £340 and the decree Absolute fee of £45.

If your wife failed to apply for the decree absolute you could, after a specified period, apply yourself although this would take a court hearing and your fee of £90. It is one of the other though - she pays £45 or you pay £90.

In relation to finances, if you have an agreement it is possible to apply to the court for an order by consent. The fee for this is £45 and it is commonly split between the parties.

Charles

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18 Jun 13 #397680 by WhiteRose
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So the maximum it should be is:

Petition fee £340
DA £45
CO £45

Total £430

Divided by 2 = £215 each

(based on the original fees - see RT''s post on the new updated fees:)

www.wikivorce.com/divorce/Divorce-Advice...m-1st-July-2013.html

Me and my ex did exactly the same thing and split all the Court fees 50/50.

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