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Paying costs in divorce.

(5 Posts)
daisyswirl Fri 22-Mar-19 09:34:18

Hi I don't know if anyone can help but my mum has caught me on the hop with this so thought I'd ask.
My mum has been married to my step dad for nealy 31 years but they have been seperated for nearly 20. The seperation was not done legally and came after he had cheated on her. He has been saying on and off for years that he wanted a divorce and now has finally sent the papers.
My mum is not botheted but is very worried because in the papers it says he is seeking costs from her!
The divorce is being done under the 5 years seperated reason. I had a quick google and it said that costs are not normally awarded in this case. Is this right?
She is very upset as she lives on state pension a small private pension and disability benefits and worries she'll be landed with a big bill.
Her health is not good and i'm worried that the stress may make her really ill.
They had the nerve in the covering letter to say they wanted to keep things amicable and that she would receive further letters about financial orders!
Thankyou in advance.

Collaborate Fri 22-Mar-19 11:43:48

Costs aren't normally granted, but she'll have to say why she shouldn't have to pay towards at least half of the £550 court fee.

daisyswirl Fri 22-Mar-19 12:14:23

Thankyou for your reply. So that doesn't seem so bad but she'll have to pay towards something that she didn't instigate or wasn't particularly bothered about? I've told her she needs to speak to a solicitor but once again she's worried about money.
My stepdad is 11 years younger than her and is still working so xan afford tjis more than her.

Collaborate Fri 22-Mar-19 12:20:16

I'm not saying she will have to pay half the court fee. It is just that is usually the limit of what the court might order.

beenandgoneandbackagain Fri 22-Mar-19 12:24:44

There are two "set" costs associated with a divorce, the £550 court fee which has already been mentioned.

There is also the cost of getting a financial order. You can do this online too and it is somewhere between £150 to £200. If there are complicated circumstances it may be worth paying a solicitor for this bit but if there are very few assets from the marriage it may be easier to keep it simple.

Your mum really should get the divorce finalised asap. If she won the lottery tomorrow, or came into some money, or otherwise, then there is a good chance he could come for the money as they are legally still married.

Having said that - your mum also has a claim on his pension for the duration of the marriage. So it may work in her favour.

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