Divorce D10 Form: Objecting to paying the costs of proceedings

trojan10_om

I am completing the acknowledgement of service form as the respondent in a divorce case.

What are suitable grounds for objecting to pay the cost of proceedings.

My personal grounds would be I can’t afford it. We both have similar incomes (fairly modest) and neither of us have any savings (she is getting by with support from her rich family). I’m not using a solicitor for this part of the divorce, only financial. I can’t afford one of my own right now, so why could I afford hers?

Grounds for divorce is my unreasonable behaviour. Which I dispute the allegations, but I’m not defending the actual divorce. I’ve read that the resondonent is often required to pay in these cases. Thing is I could just as easily file for her divorce against her and ask her to pay for it? I’d rather it didn’t come to that though.

I’ve read advice saying I should right to her solicitors and try and resolve this. I’d be happy to pay 50% of court fees, but I’m really not happy about paying any of her solicitor fees. Should I try to comprise, if so could I have some help with the wording please.

I’m anxious I have only 7 working days to respond. So if I make contact with the other side, I’d need to do this first thing tomorrow.

harrys_nan

if I was you I would join Wikki divorce and ask there

https://www.wikivorce.com/divorce/

Rubik

It's usual in a "fault" based divorce for the petitioner to request that the respondent meets the costs associated with making the divorce application. So this would be the court fee of £550, plus the solicitor's costs for drawing up the petition. It is possible to negotiate with the other side's solicitor to either pay half the costs (on the basis you will fully engage with the divorce process and will return the D10 promptly), or to ask what those expected costs will be. The costs won;t be paid until after the decree nisi has been granted, and sometimes, solicitors will agree to accept installments over a few months.

The D10 isn't the place to negotiate costs, send an email to the solicitor instead this morning. Ask for what they think the projected costs will be, then in reply to their email, state that due to your financial situation you are only able to meet half those costs but you give your full assurance that you will comply with the timeframe for the D10 etc.

You said

Thing is I could just as easily file for her divorce against her and ask her to pay for it?

This is absolutely pointless - you will ahve to pay the court fees upfront and it is likley that your cross petition will be dismissed, leaving you out of pocket by £550, and having to pay her full costs. It will also only create further hostility.