Divorce form through - advice please

Thanks in advance for any advice
My OH's ex wife is divorcing him on grounds of unreasonable behaviour (the reasons are laughable but that's another story!)
He got the Court form (D8) through last night with the notice he has to sign and return within 7 days. She's ticked the box saying she wants him to pay for half of the divorce - can someone please confirm is this just the court fees or will he be liable for her solicitors fees by signing this?

Many thanks
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Comments

  • Rubik
    Rubik Posts: 315 Forumite
    Rampant Recycler
    It will the costs associated with the divorce application, the court fee is £550, plus her solicitors costs for dealing the with petition only. It is standard practice to seek costs from the respondent in a "fault" based petition, usually it's the full amount, so if he's being asked for half see that as a sign of a modicum of compromise on her part. He would need to clarify the amount with the other party's solicitor - he could do this prior to returning the D10 - but if he refuses to pay half the other side will most likely seek to recover the full amount from him.
  • she's been seeing a solicitor loads for most menial stuff which is a concern.
    He has 7 days to respond so should he email her solicitor stating he will pay only for the appointment that drew up the D8 form - he can't really afford the divorce at the moment as she well knows
  • Rubik
    Rubik Posts: 315 Forumite
    Rampant Recycler
    She is entitled to see a solicitor as often as she wants, and for whatever reasons.

    Your partner needs to clarify the costs of drawing up the petition with the solicitor - he's being asked for half which is reasonable. He won't have to pay until the Decree Nisi is pronounced.
  • thank you - she's also demanding he pays half of the cost for a financial mediator at £275+ VAT an hour and in her words "we will need a few sessions"
    This is something that he really can't afford, what happens if he refuses to pay this. He's happy with the divorce but she's got a v wealthy family behind her footing the bill and he's currently paying half their mortgage and a flat for himself and kids at weekends
  • Rubik
    Rubik Posts: 315 Forumite
    Rampant Recycler
    Mediation is a sensible way forward to try to come to an agreement over the finances/child arrangements - it's certainly cheaper than going to court. Resolving the issues via mediation means a quicker, more amicable resolution which bodes well for their future as co-parents. Could he look for a less expensive mediator?

    If he refuses to go to mediation, this could be viewed as him being obstructive and difficult by the other side, and won't help progress matters.

    Is she working, and able to afford the whole mortgage on her own? If so, he should stop paying as he has his own housing costs to meet. Is he also paying CM on top of the mortgage? If he is unable to meet the costs of the mortgage and his own housing costs, then perhaps he needs to consider moving back into the FMH until the finances are settled.

    I would suggest that your partner has a look at Wikivorce, and post his own questions on their forum.
  • she's saying she wants to pick the mediator and that's what she's come up with.
    She works full time and earns 3 times his salary. he is paying CM as per the calculator. He's more worried that if he stops paying the mortgage he won't be entitled to the house.
    Thank you so much for your help, I will direct him to wikivorce :)
  • Rubik
    Rubik Posts: 315 Forumite
    Rampant Recycler
    If she can afford the mortgage, then it's reasonable that she pays for her housing costs. Him not contributing to the mortgage after moving out won't negate his share of the equity.
  • wonderful thank you, he has a telephone appoint with wikivorce booked for today :)
  • TBagpuss
    TBagpuss Posts: 11,199 Forumite
    First Post First Anniversary Name Dropper
    The costs will be the court fee and the solicitors costs *for the divorce*. It will not include other solicitors costs, for example in relation to the financial issues.

    Mediation - it would be open to him to explain to the mediator at his initial intake meeting that he is willing to mediate but cannot afford to pay 12 the costs. If the mediator is one who offers legal aid he can look into whether he would qualify, to cover his share of the costs. If they do not, he could check whther he is likely to be eligable and then let his ex know that he is willing to mdiatate wither with a mediator who offers legal aid or with the mediator she has proposed if she met s the bulk of the costs.

    Mediation is not compulsory, but if t works it can be a lot cheaper than court proceedings so it is worth his while to at least try to see whether any progress can be made.
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • 74jax
    74jax Posts: 7,921 Forumite
    Name Dropper First Post First Anniversary
    When you say half 'their' mortgage am I right in thinking he still has a mortgage with her? Or is he paying half her mortgage?
    Forty and fabulous, well that's what my cards say....
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