Who pays? Or do you both pay?

[Sparrowlegs248]

And what if you have no money?

Separated a year. H moved out of the jointly owned home. I'm hoping that with help from parents I can buy him out. Just wondering who pays for the divorce? Do you jointly pay? Does it depend on who starts the proceedings? He didn't want to go and wants to try again but also is keen to crack on and get it over and done with if there's no chance of reconciliation.

If it's consensual I believe most of it can be diy these days and statutory fees are then the only money due. I know people who haven't used solicitors but they didn't own property - if you do you need someone to sort out the paperwork. There's websites dedicated to this sort of thing

OP a lot depends on why you are divorcing.

There is a box on the divorce forms for a lot of the reasons for divorce which you can tick to claim all or some of the costs of the other person.

However there is a standard judges use unless one party has been completely unreasonable.

If you both have more or less equal assets/incomes then:

1. If you use two years separation then you jointly pay for the preparation of and for the court fees of the initial petition e.g. half each.
2. Unreasonable behaviour or adultery then the party accused of that pays the preparation of and for the court fees of the initial petition
3. Desertion or 5 years separation then the petitioner pays the preparation of and the court fees of the initial petition.

If you have other hearings then the applicant for those hearings pays and each of you pays your own solicitors fees unless the other party is proven to be unreasonable. In that case the judge can award costs against them but if you use a top-notch central London lawyer they can contest those costs and the judge can rule so you only get some of your solicitors costs back.

The best thing for you both to do is agree to half the costs and not fight over any assets, as the only people you make rich are your respective solicitors.

I paid as I was the one seeking a divorce

The best thing for you both to do is agree to half the costs and not fight over any assets, as the only people you make rich are your respective solicitors

Spot on. Hope the OP takes note.

Thank you. The trouble is that I don't expect him to be reasonable. The split was my instigation, and I'd be happy to wait 2 yrs and go that route. Now that he's realised there's no going back, he's pushing to get divorced now.

I'd like to be able to buy him out but would need to agree on a figure.

While I don't want to argue and disagree, I will have limited budget to buy him.out. i will also have the care of the children, and (because of the children and their ages) am only able to work part time at the moment. (Having always worked ft, and been the main earner for the 15 yrs of our relationship. )

Btw I have just applied for a divorce petition online through the GOV website. Took a digi pic of the original marriage certificate and attached to application. Cost £550 so cheaper than a solicitor doing it for you. This was the advice from a very good solicitor. My husband is being difficult too, but I'm going to try and resolve informally at this stage, and point out to him that any unreasonable behaviour will go against him if things get formal.

Any financial stuff should be formalised through a legal agreement drawn up by a solicitor so he can't make any future claim on your finances. If it does have to go to court because he won't agree on the finances then you have to have the decree nisi in place first before you can apply for a consent order.