Divorce and who pays!

wafflewaffle

I have a quick and hopefully relatively simple question....

If adultry was committed in a marriage and divorce is now wishing to be processed because of that I have read that the respondent (the person that committed the adultry) is liable for the nearly £400 court fees.

My question is what happens if the respondent isn't liable to legal aid but also claims that they can't afford to pay the costs. Does the divorce hang in limbo until they can afford it? Do they pay it in monthly installments etc?

I ask because my partner wishes to now divorce his wife. All this happened nearly 2 years ago and he's been seperated from her for over a year but now wishes to take proceedings and hopefully use one of these DIY divorces.

This is of course assuming she doesn't dispute the grounds for divorce and it goes to court further. If she does I'm guessing this would get expensive and he has no proof of her adultry so there's no saying he would even win the case.

For information, this is just purely for divorce. All money and property has been duely sorted by solicitors already.

We could just swallow it and pay the fees ourselves but there is the issue of pride and what she did.

Advice!

Thanks for reading
Katy

silvercar

The one that wants the divorce usually pays - unless they agree to split costs.

Fire_Fox

What Silvercar said, your partner wants the divorce they pay the costs.

Jojo_the_Tightfisted

Stuff pride. Does he want to be divorced or not?


Insisting that she pays for it could result in her being less than willing to proceed, which could mean it takes even longer and he still has to pay for it.

Just write the cheque and have done with it.

FatVonD

Who cares about pride? Nothing says 'I want so desperately to be rid of you I'm quite happy to pay for it' like saying 'I want so desperately to be rid of you I'm quite happy to pay for it.'

rpc

wafflewaffle wrote: »

This is of course assuming she doesn't dispute the grounds for divorce and it goes to court further. If she does I'm guessing this would get expensive and he has no proof of her adultry so there's no saying he would even win the case.

If he has no proof of adultery, don't use that as grounds for the divorce. Go for unreasonable behaviour instead (or wait and use 2 years separation).

wafflefaffle

Thanks guys!

alwaysonthego_2

He will initially have to pay the court costs, but make sure he ticks the box which says he wants to claim back the fees from the defendent. I would also cite unreasonable behaviour as they cannot stop you from divorcing them if the judge agrees with the reasons. If she tries to defend it, it will cost her a fortune and most solicitors worth their salt will advice against it.

terryw

alwaysonthego wrote: »

He will initially have to pay the court costs, but make sure he ticks the box which says he wants to claim back the fees from the defendent. I would also cite unreasonable behaviour as they cannot stop you from divorcing them if the judge agrees with the reasons. If she tries to defend it, it will cost her a fortune and most solicitors worth their salt will advice against it.

Ticking the box for costs is probably not worthwhile.

Firstly, it will lead to argument. Secondly, it is unlikely that the court will award the costs. Thirdly, even if costs are awarded the question of enforcing the order comes into play.

All in all, just take the costs on the chin and go for the thing that is wanted - the divorce. And then try to put everything behind you and get on with your life.

Gigglepig

wafflewaffle wrote: »

We could just swallow it and pay the fees ourselves but there is the issue of pride and what she did.

You write "we" - makes it sounds like you are party to the divorce.. Since the divorce is between him and her, perhaps it is best to stay out of it?

Tupperware_Queen

My husband left me, but since it was me who wanted to make it legal, I have stumped up the costs. There is no way he would pay (he never paid while we were together so why change the habit of a lifetime!).

Best £400 or so I've spent for a long time - and btw its dead easy to do, I completed the forms online, you can't save them though, you have to print off straight away. Make sure you take copies, the court will want copies and keep one for yourself. I submitted my forms at court in July, and have just filled in the next stage to request the decree nisi.

good luck x