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Help please. Completing Petition

  • Confused2
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01 Nov 09 #158943 by Confused2
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Hello, I've been through the forum and used the (very useful) site search and remain confused over a couple of points.

1 - Costs - I was planning to ask the respondent to pay cost (of Court fees). We understood that she would be exempt due to low income. However I do not want to antagonise or delay the process if as the higher earner I'll ultimately end up paying costs anyway. Should I claim or pass on this?

2 - Ancilary Relief - as the higher earner and the one with the pension I would not expect to apply for any of these orders, whilst we plan to come to a private agreement on finances I appreciate that my wife might ultimately decide to claim from me. We have one dependant child who will probably be 18 before the process concludes, I'd expected to be able to agree between ourselves along similar lines to that maintained through separation. Prevailing advice in the forum appears not to cross anything out, but I don't understand why the option to delete is given if it were not appropriate for some people. I'm not sure if by doing so I'll also remove the respondent's right to request an order. Should I strike out this section or leave it untouched? If I do leave it would I also need to complete Form A at this stage?

Apologies for the long string and also if this is clearly stated elsewhere.

In anticipation, thank you.

  • mez
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03 Nov 09 #159274 by mez
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Hi,
At the top of the page is a FREE TOOLS icon.
Click on it and then scroll down to the help box for APPLY FOR ANCILLARY RELIEF.
This gives an explanation of what it is all about & how to apply if you are doing so.

I would advise NOT crossing out anything, even if you are sure you won't need it.
It costs no extra, but could save you grief in the long run.
Hindsight is not a wonderful thing in divorce - keep all options open.

Generally the APPLICANT bears the costs unless they apply for the other party to do so. The judge will decide if the application is fair.
If you are on a much higher income you might not be successful in recovering costs from the other party.

  • Fiona
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03 Nov 09 #159286 by Fiona
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It's absolutely correct that the court costs are fairly insignificant in the grand scale of things and the best thing is to agree between you. Costs can be shared but if your wife has limited means and you can afford it you could offer to cover the court costs.

If a court decides there is a general principle that the unsuccessful party pays costs so a respondent in adultry or UB case would usually pay costs, although the judge is directed to consider the individuals ability to meet the costs.

When the ancillary relief boxes are ticked you do not need to complete Form A. Ticking the boxes leaves the application open so that if no settlement is reached you can apply later to finalise matters and dismiss all future claims against each other.

If you cross out the boxes you would need to apply to court for leave to apply later which is more expense and hassle. Also it is not possible to apply for financial provision or property adjustment orders if you remarry so by ticking the boxes you will have applied and not fallen into the remarriage trap.

Where agreement is reached Form A marked 'for dismissal purposes' is submitted to court along with a draft Consent Order for approval.

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03 Nov 09 #159295 by Confused2
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Mezzie and Fiona
Thank you for your advice, I believe I am much clearer now.

Ancillary Relief - will keep all options open.

Costs - think I might have muddled some second hand advice from before grounds were established. As I am now Petitioner accept that I will end up paying so little point claiming. Had it been the other way around wife would have been exempt from costs so neither of us would pay.

Thanks again, very much appreciated.

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