Received D10 - Object to costs & ancillary relief

Just received the D10 in the post. Been separated from my husband for 8 years (5 year separation). The matrimonial home has already been sold, and finances have been seperated (by agreement) for many years.

The forms suggest that I pay all costs. I object to this, as he is the one who want to divorce me (he has a new partner), and the marriage breakdown was caused by his adultery/behaviour.

Secondly, the forms suggest that he may be granted ancillary relief. Is he able to make any claim against me. Can I object to this?

How do I complete the form.

Hello

The costs concerned are court costs about £400 in total not his legal costs, it is usual for both spouses to pay their own legal costs and the aplicant to pay the court costs though many do share the £400 cort costs.

Seperation agreaments are rarely water tight if it does go to court and yes he can start AR, the seperation agreament should atleast show intent, if the house was sold and the money split pensions (if you have any) will need to be shared, unless you can both agrea terms aviod court and go down the D81 and Consent Order route.

There was never a Separation Agreement. The only asset was the property, that was sold last year and proceeds (after mortgage) split. The divorce was outstanding, because he would not pay the costs, and I could not afford to pay.

He has a small pension (that I am not interested in perusing).

I understand that he may have spent his share, and that there is little/none left. I have a couple of k savings.

There are 3 children, the youngest (16 and in work) lives with me, but I still have to support him due to his low income.

Can the D10 be returned, without risk of affecting him claiming AR against me (Im not sure what he could claim, as I have little assets, but he may be out to see what he can get, and rake up legal bills for me)

Can the D10 be returned, without risk of affecting him claiming AR against me

Returning D10 (giveing service) does not effect AR, you must send it back or he can apply to the court for deemed service and that you pay its costs,

dukey wrote:

The costs concerned are court costs about £400 in total not his legal costs

We agreed to split actual Divorce Costs; and I had the Order for these from the court just this morning: In our Case, my half was £581.25

The Ancillary Relief proceedings are seperate to the actual divorce; and an agreement is NOT binding until it is stamped and approved by a Court. He is within his rights to start AR proceedings; and within his rights to 'ask' for his Costs. (That'll be up to a judge to see if he is awarded Costs against you).

Your agreement stands for nothing. If no Consent Order is agreed; either party allows themselves to be exposed to further claims.

The court costs thus far for my own divorce are £300 i have the Nisi and soon it will be made absolute (uncontested divorce)

A full list of court costs


www.hmcourts-service.gov.uk/courtfinder/forms/ex50.pdf

Hi there

If he has applied for costs in hie petition, this is the legal fees and the court costs of the divorce only - not the financial proceedings. You can limit the costs, or you can object to them. If you put on your acknowelgement that you object, a short hearing will be held where the judge decides who should pay and how much each should pay.

In terms of him applying for AR in petition, he has to do this so you can have an order reflecting the division you have agreed and preventing future claims. This is entirely normal, and should not be anything for you to worry about right now.

Amanda