Costs of Divorce - help please

Hi

My partner had previously verbally agreed to go halves on the costs of his divorce although his ex has constantly tried to get him to pay for it all. If he had had the money he would have done so but we have found ourselves financially very hard up and have been unable to even save half the court fees let alone all of them.

His ex has now petitioned him for UB with the request that he pay all the costs. The reason the marriage split was her adultery.

He has said he will not pay the fees and has sent back the Petition back with a statement of various issues as to why which basically include:

She served the petition on him without warning and gave no option for him to negotiate with her (she also changed her phone number etc so he couldn't contact her).

The divorce is a very simple one with no assets, savings etc to split, no children and no property so did not need the extra costs she is incurring on solicitors fees.

She benefited significantly when they split as he left her everything and paid off a joint debt. (They did not own a property together).

Reading the posts on here I am suspecting now that he stands no chance of even having the costs split 50-50?

If that is so is it worth even going to court to put his side of the story or are we better off just drawing a line under it. It just seems unfair but then I suppose life isn't fair.

Also, if it's not worth putting our case to the court, can we withdraw the statement so that we don't incur further costs?

Thanks in advance.

Don't confuse costs on the Petition with the costs in sorting out the finances.

The costs on the petition itself would normally be borne by the respondent where the divorce is fault based.

In your case it looks like six of one and half a dozen of the other. It does seem fair that you should go halves but it is for the Court to decide.

Incidentally, would you have been entitled to
remission or reduction of fees on the grounds of low income ?

The rule in financial proceedings is that each party bears his own costs.

LMM

Hi Mike

Thanks for your reply, I really appreciate it.

Since my partner split with his wife he has done everything he can to be fair. Unfortunately we are now feeling that he has been way too nice. He could have left her with debts and absolutely nothing but did not - but all she has been concerned abpout is getting a divorce for "free" despite the fact she was the one to commit adultery.

We can only cling to the hope that the courts see this for what it is and award 50-50 costs - which we would be ok with - we have no problem with paying what is fair at all. It just feels a bit unfair that we pay it all when she was the one to commit adultery and she has the financial help from her partner.

Sorry Mike I just realised I ddin't fully answer you - no I doubt he will get a reduction due to low income - he earns an average salary - she does have a low income so maybe the courts will err in her favour - even though she will be getting contributions from her new partner and tax credits/child benefit as she had a child with her new partner last year.

Maybe I am being unrealistic but I just feel it's a bit unfair - especially as he tried to do the "right" thing.

Unfortauntely, the court is likely to make an order to pay all of the costs of the Petitioner. If both parties committed adultery it is a case of whoever issues first is likely to get their costs.

If your partner felt so strongly about the issue he could have cross petitioned on the same grounds but that just bumps up costs further.

The best you can do is make an offer for a fixed contribution. The petitioner's costs are likely to be £900-£1300 so an offer of £1000 is reasonable (unless the amount sought is less).

I recently prepared a schedule of costs for a Petitioner recently where the Respondent was personally served, the Respondent failed to deal with documentation and was otherwise uncooperative. The bill came to £1743 and change. A hearing to argue the issue could add another £750 to this amount.

Charles

Thanks for your reply Charles. I am really concerned because we don't have any money spare at all at the moment - we're keeping our heads above water but that's it. We have no savings etc and no way could we pay £200 let alone £1700 upwards.

Has anyone had experience of this and whether Solicitors/courts accept payments in instalment?

Not sure if this is the right place to ask, but I'll try anyway:

What sort of reasons can you put forward to argue costs (as the respondent) - my stbx earns 3 times as much as me, doesn't pay maintenance, has the FMH that's up for sale, and petitioned me without discussion....

I'm so mad, if i'd petitioned him I'd have paid to get rid, but he got in first.

I've offered to pay more than half but he won't have it, he wants the lot and an admission of adultery - just to hide his own monstrous behaviour and play the innocent victim, it's simply not fair.