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H hasn't replied to divorce application notification- what do I do now ?

(4 Posts)
GetTheCarPenfold Sun 07-Jun-15 14:24:01

I'm supposed to contact the court I believe and ask them to take further action but can't find details of the relevant fees online anywhere to see what the various options will cost and which one would be best in my circumstances.

I'm "self-repping" as far as possible at this stage of the divorce (because when it gets to the children and finances I'll need to use a solicitor/barrister as H has said he'll contest/fight everything as far as possible so I'm saving my funds until then).

Does anyone know if it's possible for a judge to ask H to pay for the majority of the court costs when we get to the end of it as he is going to be the cause of a lot of extra costs we'll no doubt incur due to non-cooperation during the process.

Any information would be much appreciated.

Thanks

Collaborate Sun 07-Jun-15 18:53:44

What is your ground for divorce? Have you claimed costs in the petition?

You need to send a further copy of the petition in to court and ask for it back sealed with accompanying papers for personal service. Then you instruct a process server (cost approx £100) to serve him personally. Doesn't then matter if he doesn't do anything.

GetTheCarPenfold Tue 09-Jun-15 08:15:09

Thank you so much Collaborate

I have a little cash tucked away so I can manage the process server fee myself, is there a court fee for the papers that accompany the sealed divorce application ?

Unreasonable behaviour is my grounds. My parents have a small amount of funds that they propose to lend to me for court fees/solicitors fees but they are already expressing surprise at the size of the court fees so I'm trying to do as much as I can myself before I get back in touch with the solicitor I initially saw.

Collaborate Tue 09-Jun-15 09:01:54

Just send in a further copy of the signed petition, telling them you want them to seal it and send it back to you with the usual accompanying papers for personal service. There will be no charge for this.

As it's a behaviour petition you don't need him to do anything and provided you ticked the box in the petition asking for a costs order the judge will consider your request for costs when you apply for decree nice. When you do apply for decree nice you should set out what your costs are. As you are self repping this will be your court fee together with the cost of personal service, so include a copy of the process server's invoice. Don't forget to add the decree absolute fee, although at that stage you won't have paid it out.

The judge should then, on making decree nisi, say how much H will have to pay you. You can then enforce that through the courts if he doesn't pay voluntarily.

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