Will I have to pay?

I was divorcing ex and he agreed to grounds and also to pay costs. Now Ex on legal aid and his solicitor said if he divorced me it would keep costs down as his legal aid will pay. Things not good between us and I have the feeling that when the Petition comes he will order me to pay the costs. I have no solicitor as what little money I had has run out so having to self rep. Any chance I will be made to pay the costs? Not fair if his solicitor told me no costs as his legal aid would be used? Could I use this information she sent me to contest payment if he does order me to pay? Panicking now.

The solicitor has a duty to the Legal Services Commission to recover costs where applicable. There is case law that specifically states that the public purse should not be used to fund a divorce when the responsent is at fault and can be made to pay.

Worse, the solicitor does not have to restrict his/her costs to the amount that the LSC will pay - they can claim full private rates from you.


Charles

That doesn't sound good! Does that mean that I could be ordered to pay solicitors costs for all this as well as divorce costs? He is on legal aid, I could be as well but am trying to self rep so I don't have to pay anything back at the end! Surely I can object as his solicitor told me it would be better for him to issue Petition as it would keep costs down? Can I specify that on divorce papers when they come? Really worried now. If he does order me to pay can I state on the form that I was petitioning him for adultery but he got the papers in before me? He has already admitted adultery to his solicitor. How can I say although I am the Respondant it was him that left me for someone else.

If you let his Petition proceed you will be at risk of paying the costs. End of.

If you say that you were going to petition for adultery it won't affect the outcome of his Petition. It is the same as saying that you should be given lottery winnings as you were going to place the numbers that won.

Charles

Charles, you say.... "If you let his Petition proceed you will be at risk of paying the costs. End of."

I don't have a choice now as he has filed it with the court?

Me again! Just reading correspondence from ex's solicitor and I quote...
"If you are agreeable to our client commencing divorce proceedings, he qualifies for free legal advice and assistance under the legal help scheme and would not therefore need to make any claims for costs"

Surely if he now orders me to pay I can refuse with this?

If you accept your ex's offer to consent to divorce subject to no claim for costs being made, that will be acceptable.

What your ex probably doesn't realise is that he will have to pay back the costs incurred by his solicitor in relation to divorce from any financial settlement that he receives.

Charles