Divorce costs.

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Does the respondent always have to pay the costs? And how does that work if you can't afford to pay the costs?

My stbxh is divorcing me, I had no option to do this as he had removed the marriage certificate!

No usually the one applying for the divorce pays but can apply (request) that the respondent pays some. Adultry you can usually ask the respondent to pay 100%, unreasonable can be 50/50 and two years separation can mean the the petitioner may be liable for all as there is ‘no fault’ but you can refuse to pay and the court can make the decision on whether you should pay towards it etc.

Tbh if you had hidden it he could have easily ordered a replacement they are really easy to get hold of. I lost mine, a new one arrived with 4 days of ordering a new one.

Before 5 years separation you need ‘consent’ from the respondent so you could just ignore it or can contest it but this can become costly and if he believes your marriage is over then it probably is and I judge would most likely rule in his favour.

Can you be amicable and suggest how to split the cost of the divorce? Which is like £550 something like that but then individually you are both liable for your legal fees ie soliciters etc.

Nope as PP said.

Any reason where the respondent is at fault e.g. unreasonable behaviour, adultery, the respondent can be asked to 100% of the court fee plus reasonable solicitors costs of the initial petition.

2 years separation if he asks you to pay costs then it is normally split 50-50.

5 years separation the applicant pays all.

The law will only differ if:

1. One of you acts unreasonably during divorce proceedings, and/or,
2. One of you is a very high earner.

As the PP indicated try to be amicable even if you have no money and split as many costs as feasible from the beginning. So if you can agree how to divide assets fairly between you without mediation or a hearing, then try to use the same solicitor to manage the divorce and draft the consent order as it will keep costs down a lot.

Thank you. Unfortunately there is no amicable, we don't communicate at all. He's committed adultery but is divorcing me.

What grounds is he using to divorce you? He can't use his own adultery.....

It's quite easy to order a copy of a certificate, marriage, birth or death

You can do it online

No children?

I'm awaiting the divorce petition to see the grounds. We have a son together. I had to order a copy of my sons birth certificate as he took that too. Wasn't so sure about the marriage certificate as we married abroad.

I a pretty sure that is the costs of the actual divorce not what is often 10x as epxensive the cost of using solicitors on both sides to negotiate a financial settlement which will often be much bigger than the fees paid to the court etc just to get the decree absolute as hours and hours of time and effort goes into it. Eg I paid both sides' solicitors fees in our divorce as I earn more and the higher earner will often do that particularly if theya re nice like I am and we only had joint accounts anyway so who paid what was a bit academic.

There is one ground for divorce in English law - irretrievable breakdown but yuo can certainly show that through certain adultery or unreasonable behaviour.

You should be able to buy duplicate marriage certs abroad.