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costs

  • itsbeenalongtime
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06 May 15 #460936 by itsbeenalongtime
Topic started by itsbeenalongtime
What costs are involved when divorcing. I have asked ex to pay costs but he says we must split.How much would I be liable for if I accept half.
Thanks for any help.
:dry::unsure:

  • HeadKnowsHeartDoesnt
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06 May 15 #460940 by HeadKnowsHeartDoesnt
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Hi

I was asked this by my ex. Despite asking exactly what amounts were involved I didn''t get a straight answer so I didn''t respond. If you agree what are you agreeing to exactly a % of £500 or £5,000 as an example. I would tread carefully on this issue.

I suppose it depends on the grounds for divorce. It is usual for the Petitioner to be awarded costs in an unreasonble behaviour divorce, but I don''t know about the others.

I am sure so one with much more experience will be along shortly.

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06 May 15 #460941 by itsbeenalongtime
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Thanks headknowsheartdoesnt, yes it is UB, but it is him that wants the divorce but just doesn''t have grounds to apply for it. Just dont see why i should have to pay for making his life easier for him.Sol is paid up to date, about to send cheque for court application but all from joint account.Will the final ruling mean i may have to pay him back afterwards. very confused.

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06 May 15 #460944 by HeadKnowsHeartDoesnt
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Hi again

Sorry, I can''t really answer your question, but I know who probably can - over to you Charles :)

  • xxbrokenheartedxx
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06 May 15 #460951 by xxbrokenheartedxx
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Hey ya,

My husband left me for another woman. I filed for Adultery & Unreasonable behaviour in my Petition. adultery was accepted by the court and the cost £410 was awarded back to me.

My husband had to pay, however he is working & I am FT mum. Once I was awarded this, I sent an email across to his solicitor requesting the payment.

He paid it a week later.


... On to the financial elements of the divorce, I am at the FDR stage and have spent just under £7k - my ex has spent about £40k (his solicitor is having a field-day!!). I am now hoping that I don''t have to pay half of this as I have been very careful to be prudent with my legal advice whereas he has not *gulp!!

  • .Charles
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07 May 15 #460964 by .Charles
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It is important to make a distinction between the costs of the divorce and the costs of the matrimonial finances.

I once saw a client who unwittingly agreed to pay half of his wife''s legal costs without realising that this was unusual. Had he sought legal advice at the outset he would have been advised to pay half of the divorce costs only which can usually be agreed at around £600.

The costs in relation to matrimonial finances are strange in that each party has to bear their own costs yet they pay them from the joint matrimonial finances unless they are able to pay them from wages as the case progresses.

If the case reaches a final hearing the judge will make a decision but will factor in the costs which means that the costs will usually be netted off before the final division of finances occurs.

This rewards those with big-shot lawyers and militates against those who are more parsimonious.

Charles

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07 May 15 #460968 by HRabbit
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Chipping in here Charles.

I am in a situation where I think I may have to go to court, but my wife''s case is helped by having the savings pot taken as low as possible. In this way she may be able to get the house awarded to her for a relatively small sum. My intention was to self rep to keep funds intact, but if she can equally go to court knowing she can take the £20K from joint funds (currently in my sole name) then it will help her both decide to go to Court and to deplete the funds to help her case at the same time. Not sure this is making sense to anyone!

In short, I read your email as saying this is what could happen and she could use the joint funds?

Thanks

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