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Read our latest Financial Settlements guide (2021)

What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.

Costs for 5yr separation divorce.

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London man
Posted by
Junior Member

26 Mar 19 #506913 by London man

Topic started by London man

Who would normally pay for court and legal costs on a none contested 5 year separation divorce? I am being told by my wife's solicitors that I should agree to pay 50% of all her costs when she has made application for the divorce. I have yet to incite any costs.

rubytuesday
Moderator

26 Mar 19 #506914 by rubytuesday

Reply from rubytuesday

usually it would be the petitioner who would bear those costs, unless otherwise agreed between the parties.

.Charles
Platinum Member

28 Mar 19 #506941 by .Charles

Reply from .Charles

On page 14 of the new version of the divorce petition there is a side note that says:

You can ask the court to consider making an order that some or all of the costs of this application are paid for by your spouse/civil partner and/or, if applicable, the corespondent. The court will not normally order costs where the application
is based on 5 years' separation.

There is some case law to support there being no order for costs on 5 years separation petitions but I can’t place my hand on it right now. It may have been Chapman v Chapman around 1972-1973 but I may be completely off the mark.

Charles

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