Divorce costs question

duggan1

Fantastic forums these, full of very helpful folks!

Have a small question someone may be able to advise on...

I am currently going through a divorce. All is amicable and it was decided that my wife would initiate proceedings as she qualifies for legal aid (I was at the time, and still am to an extent, dealing with joint debt that we had). This has never been brought up as an issue.

I recently received the petition, with a series of standard questions. One of which is asking me if I object to paying the costs and if so why... I wasn't aware that I would have any costs as I have not instructed a solicitor, or intend to defend the case in any way. I was also led to believe that my wifes costs couldn't be pushed on to my by the court, without her requesting it (which she isn't).

I don't think there will be a problem, nor would I suspect the costs to be high anyway, but if this had come to light earlier we would simply have done a 'DIY' divorce as we qualify.

Anyone understand what I'm saying and/or what it means?

TIA

Padstow

It refers to court fees, however much they are now, around £500 intially and then the cost for the absolute which isn't much.

If she is citing unreasonable behaviour it is normal for the defendant to pay. As it is amicable perhaps you could have a private arrangement with her to split the costs?

duggan1

Padstow wrote: »

It refers to court fees, however much they are now, around £500 intially and then the cost for the absolute which isn't much.

If she is citing unreasonable behaviour it is normal for the defendant to pay. As it is amicable perhaps you could have a private arrangement with her to split the costs?

Just had another read through and it definately talks about costs of the case, once a bill has been produced by the petitioner. I know she doesn't plan to do this obviously as she is getting legal aid.

I am aware that court fees will need to be paid, and I'm happy enough with this. We are both just concerned that I/we will end up landed with a solicitors bill even though the understanding was all along that this would be covered by the legal aid.

This is in Northern Ireland, if it matters.

Padstow

duggan1 wrote: »

Just had another read through and it definately talks about costs of the case, once a bill has been produced by the petitioner. I know she doesn't plan to do this obviously as she is getting legal aid.

I am aware that court fees will need to be paid, and I'm happy enough with this. We are both just concerned that I/we will end up landed with a solicitors bill even though the understanding was all along that this would be covered by the legal aid.

This is in Northern Ireland, if it matters.

I had the NI form guidance leaflet up and now can't find it. You can ring the court and ask. They can't give legal advice but will give guidance on the form. It was in the prayer 3. I'll give the link maybe you will spot it. As your wife has LA she could check with her sol.
http://www.courtsni.gov.uk/en-GB/Services/Matrimonial/PractionerInfo/Pages/default.aspx

NAR

OP say "no" and cite that you are clearing joint marital debt and therefore cannot afford any additional expense.

duggan1

NAR wrote: »

OP say "no" and cite that you are clearing joint marital debt and therefore cannot afford any additional expense.

That was my first thought, but then I gather I would need to appear at the hearing and offer my evidence...

NAR

duggan1 wrote: »

That was my first thought, but then I gather I would need to appear at the hearing and offer my evidence...

And why would this be such a difficulty, if what you have stated here is the truth?

duggan1

NAR wrote: »

And why would this be such a difficulty, if what you have stated here is the truth?

It isn't a difficulty at all, I'd just rather not have to. If I have to pay the costs then I have to pay them, it just hasn't been mentioned at any point up to now that it was a possibility.

NAR

The Master (judge) will award costs, which may be split or against you, as your wife is receiving legal aid. (I am now stating fact, with absolutely no intention of nastiness) Why should the taxpayers (via legal aid) pay for the costs of your divorce? She is the petitioner, divorcing you, and if you accept the grounds of the divorce ie you are guilty, then the Master may say you are liable for her costs also.

I "won" in my divorce settlement in N.I., because I previously offered more than my ex actually ended up with in the Financial Consent Order. Because of this, although my ex was on legal aid, costs were shared. Even with this I had to pay the VAT associated with my ex's legal aid costs.

duggan1

I think my wife and I have both misunderstood the process from start to finish if we are honest. She was advised that since she qualifies for full legal aid that she should find a solicitor and start the process. However it's only recently come to light that given we are both in agreement and there are no assets etc that we could have filled the forms in ourselves and saved a lot of hassle (and potentially cost).

I had always assumed that I would have to pay my own costs, although I haven't accrued any, at least that was the impression we had been given.

This hasn't been an attempt to defraud the taxpayer. I think we could have sought better advice and researched the procedures better ourselves.

Thanks for advice, all who replied!

NAR

duggan1 wrote: »

I think my wife and I have both misunderstood the process from start to finish if we are honest.

Hardly surprising it is an awful road for anyone to have to tread.

She was advised that since she qualifies for full legal aid that she should find a solicitor and start the process. However it's only recently come to light that given we are both in agreement and there are no assets etc that we could have filled the forms in ourselves and saved a lot of hassle (and potentially cost).

Would probably have been your best route, in hindsight. Her advisor was probably looking out for her best interests - amicable positions sometimes change, as others on this site will testify.

This hasn't been an attempt to defraud the taxpayer. I think we could have sought better advice and researched the procedures better ourselves.

I'm sure it wasn't. Hopefully the Master will look kindly on you as you are clearing the marital debts. Good luck.