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court costs

  • lozabelle
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25 Aug 12 #351898 by lozabelle
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could someone pleases tell me if the respondent (being myself) is always awarded the court costs in a divorce?

  • .Charles
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25 Aug 12 #351929 by .Charles
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The respondent is rarely awarded the costs as it is the Petition that makes a claim for costs against the respondent.

Unless you mean that "is the respondent always ordered to pay costs" in which case the answer is "usually yes" where the petition is based on unreasonable behaviour or adultery.

Charles

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26 Aug 12 #352031 by lozabelle
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My husband is divorcing me on the grounds of unreasonable behaviour but in fact he had already got someone else but there is no proof that he was with her when we seperated, so i guess it looks like i will have to pay court costs. I think he is in a hurry to get divorced as his partner is now pregnant and is using my "behaviour" as an excuse

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29 Aug 12 #352623 by .Charles
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He may counter this with "I wouldn''t have found somebody else had my wife not destroyed the marriage" - at which point everyone starts finger pointing.

It may be worthwhile stating that you dispute the allegations but you agree that there are irreconcilable differences such that the divorce should continue and that you will not oppose the divorce subject to the claim for costs being deleted.

If your husband is in a hurry to be remarried, his solicitor is likely to advise him that any opposition to the divorce will add 6 months or more to the proceedings whereas deletion of the claim for costs will shorten the process considerably if it guarantees your cooperation.

Charles

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29 Aug 12 #352711 by lozabelle
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Charles, thankyou so much for answering my questions, im not sure im still the wiser but think i have some idea to what you are saying. i am now seeking legal advise as to where i go now regarding court costs and finances, again many thanks
Lori

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