Simple question - Divorce costs

nickdj

Good afternoon everyone,

Just need a simple question answered please.

18 months ago myself and my wife broke up after a long period of unhappiness. She eventually moved out of the house I was mortgaging and shortly after this I was forced to sell it. Unfortunately I'd put the house in both our names even though I wholly paid for it she had half. My half just paid for some of the debts I had incurred which I'm still paying.

After being too scared to mention anything about getting the divorce proceedings started she finally took the initiative. A year ago I did some investigation about the costs of getting a divorce, court costs, etc and thought it would be just the case of getting papers signed. Because she's on benefits she's got a solicitor to help her.

My question is, what should I be expected to pay? I rent a flat I just about afford, I don't have any assets, I still have debts from when we were together, my job pays for basic living and child benefits, and I don't own anything of any value. I may be able to scrape together enough to pay half the court fees (£400 was it?) but I am scared of what additional financial problems I may face.

Can anyone advise what costs/fees I would be expected to pay?

Thanks for your help in advance.

Nick

Tigsteroonie

Divorce application is £340, plus the applicant later pays another fee (£45? can't remember!) for the Absolute. If the applicant is on a very low income, they can get help with those court fees. If your ex-wife is on benefits, she may qualify so it was worth her making the application rather than you.

Legal Aid to assist with divorce is getting very hard to get but if she's on benefits yet using a solicitor, I wonder if she's taken that route.

You'll be able to tell whether she expects you to contribute towards her costs (court fees & solicitor) on the divorce papers when you receive them, she'll have ticked a box saying that she is wanting to try and claim costs. You can disagree and go to court to say why; though in most divorces where adultery or unreasonable behaviour are cited, the respondent is expected to pay costs.

The financial proceedings (a "financial order") are handled completely separately to the divorce and again start with a basic form and court fee of £240.

You don't need a solicitor for any of the above, you can represent yourself as Litigant in Person. I would recommend the website Wikivorce for much more information and for a very helpful discussion forum.

nickdj

Thank you for that information. Very helpful.

The letter I got today said something like "due to your behavior" although I didn't do anything wrong. I wasn't unfaithful, abusive, I worked and came straight home, I treated my kids well, and my wages just covered the mortgage and some bills (no money for myself).

Of course she's going to say that I was at fault and something I did she didn't like. I just wanted out because I was fed up with being belittled...I'm not one for confrontations tbh.

The marriage was a mistake and I've been left with nothing but I'm much happier now. I won't be able to afford large costs and I was happy just to sign the paperwork and have done with it. I guess if you can get a solicitor for free and make any claim you want it doesn't really leave me in a good position.

Does anyone know exactly what is classified as 'unreasonable behavior'? I've heard people making these claims just to push divorces through quicker.

Nick

daska

There are minimum wait times for grants of divorce. e.g. 2 years living separately where both parties agree, 5 years if one party disagrees etc.

Grounds for divorce

Tigsteroonie

nickdj wrote: »

Does anyone know exactly what is classified as 'unreasonable behavior'? I've heard people making these claims just to push divorces through quicker.

And you'd be correct. If an applicant can't cite adultery as the basis for divorce, they either have to wait for 2 years separation (with consent of the other party) or 5 years separation (without consent). So often UB is cited as the basis for divorce because it enables it to be pushed through before that 2/5 year window. It is quite easy to come up with examples of UB even in a happy marriage (almost everybody argues at some point!)

However, I wouldn't get too bothered if she has cited UB. The only people to see the divorce papers are her, you & the court - divorces aren't published as a list in the paper any more. When you respond to her petition, you will have the opportunity to say that you 'defend' the claim of UB but that you are 'not defending' the divorce (i.e. that you disagree with what she says but that you don't object to the proceedings).

Blame for the divorce very rarely has any impact on the division of finances (only in rare cases like gambling away the entire family savings or domestic violence).

nickdj

Thank you again for your help.

I'm happy to agree with anything she says as long as it is done quickly (in divorce timescales) and without extra cost to myself. I'd even be happy paying for all or part of the application/absolute fees but I wouldn't agree to paying for her solicitor charges.

I feel a little victimized with the whole situation but it's a lesson learnt. I can swallow my pride but when it comes to being forced to find money I don't have it's another story and I don't want to prolong the process due to my financial situation.

I won't worry too much as there's plenty of time. Thank you again for your help as it's made me feel better informed.

Nick

Tigsteroonie

As I mentioned earlier, for loads more information about the process and a very helpful forum, take a wander over to Wikivorce. The forum respondents include those from a legal background, so they can answer questions with some authority (not just opinion!)