Nisi

I need to go and swear the affidavit for the Nisi. (I am Petitioner.) I have a few issues.

Question 2. There were typos in the Petition which stbx pointed out in his covering letter to ack of service. Presumably the court has ignored them. Should I also indicate the typos here?

4. I think the stress of events has been a significant factor in my health but presumably I don't say so since I can't prove it and have no doctor's report. I don't however want to lie and say it hasn't been a factor so is there some weaselly compromise set of words I can use?

7. No minor children so it's just N/A?

Presumably when the Nisi is issued stbx will be ordered to pay the cost of petition and nisi. I have agreed with him that I will pay these myself. Do I give him the money so he pays the court and the court repays me. Or do we just ignore the order?

Q2. You need to correct the typos. Simply say in reply to the question something along the lines of "there is a typing error in [relevent paragraph] of the Petition which reads [current wording] and I wish to correct his to [corrected wording]

Q4. it's fine to put "the respondent's behaviour has caused significant stress" - you don't need a doctors report


Q7 yes, or leave it blank

Did you ask for a costs order? If you didn, and you have niow agreed not to pursue it then that is another change to the petition so put in at Q2 "I wish to withdaw my claim for costs" (provided you are quite sure you do!)

Ta. On the subject of costs I have said I will pay court fees and the costs of Consent Order as long as we remain amicable and can arrive at a mutually satisfactory division of assets. So far so good; but I'm not prepared to pay his solicitor's costs if things go wrong/nasty and he runs up a bill contesting the financial settlement.

If I say I withdraw my claim for costs would it affect the rest of the proceedings - I feel I need to keep that little bit of insurance because at one stage he was very threatening about money and also I know he does not want to sell the house, and might be obstructive about it.

On the Petition you should not make reference to costs in anything other than the divorce suit. The consent order costs are completely separate and should stay that way. If you withdraw your claim for costs at the special procedure stage you are almost home and dry anyway it is just a matter of obtaining the Decree Nisi then Absolute.

In relation to the finances, each party will bear their own costs unless the court orders otherwise. When matters are dealt with by consent there isn't usually an order for costs. If the matter becomes contested, each party will continue to bear their own costs unless it is apparent to the court that a party is acting unreasonably in which case a costs order *may* be made.

Charles