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Disagreeing with paying divorce costs

(9 Posts)
unsurewhathappened Thu 03-Mar-16 08:51:20

I received a divorce petition on the basis of living apart for two years. Which is all fine but my ex has ticked the box asking me to pay the fees.
I don't have the money to pay fees as i am currently ill and have no money other than state benefits.

What is the best thing to do in this situation as i have read if i contest paying the fees i will need to go to court.

Familylawsolicitor Thu 03-Mar-16 09:25:02

Well he needs your consent to get a divorce on the grounds of two years' separation so you could inform him that you only consent on the basis he does not pursue his claim for costs. Has he got a solicitor or is he doing it himself? Get that agreement not to pursue costs in writing and then send it in with your acknowledgement of service to the court. On the acknowledgement of service where it states "do you object to paying the costs" say yes, because we have agreed that the petitioner won't claim costs on the basis I consent to the divorce".
If you decide to let the divorce go ahead anyway then write that you are on state benefits.

It's unlikely that the court will make a costs order anyway as the usual rule is that the court does not make a costs order on a 2 years separation petition

You only need go to court to contest if once certificate of entitlement to decree nisi is received it indicates a costs order will be made.

unsurewhathappened Thu 03-Mar-16 09:33:21

Thank you i will email him now and see if he will agree.

Would an email do or does it need to be written?

He's done it himself, although he has ticked that he is taking advice from a solicitor.

Fourormore Thu 03-Mar-16 10:07:57

When I got divorced, my solicitor said it was best to tick every single box about claiming. I had no intention of claiming costs because I got full legal aid but that's what she said to do, so it might just be a technicality.

Collaborate Thu 03-Mar-16 11:10:32

An email from him confirming that he won't claim costs from you will suffice, After you get that complete the acknowledgement from and where it asks why you don't think you should pay you need to explain that he's already agreed not to claim costs from you. Attach a copy of his email if you're unsure. When you get notice that nice will be granted on x date you need to check whether it mention the making of a costs order. If it does, then you need to write to court withdrawing your consent unless the costs claim is withdrawn.

I don't think you'll have any problems over this.

unsurewhathappened Thu 03-Mar-16 12:33:36

Thank you everyone, he has agreed.

ZenNudist Thu 03-Mar-16 12:35:41

Just trying it on then?! 😡

Shutthatdoor Thu 03-Mar-16 12:40:22

Just trying it on then?

Probably not.

As pp has said you are advised to tick every box.

unsurewhathappened Thu 03-Mar-16 13:23:10

I think he was trying it on, he's quite vindictive when he wants to be.

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