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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Petitioner requesting the respondent pays - Fee waiver?

6 replies

Belletower · 01/05/2019 15:42

I am negotiating an amicable divorce with my husband, been separated 2 years and have child custody and financial/asset separation in place.

I was just wondering if as a respondent I could apply for the fee waiver? it seems pretty clear cut if you are the petitioner but I can't find anything that says whether or not a respondent is eligible for a fee waiver.

OP posts:
Itsallchange · 01/05/2019 16:50

As there is only 1 fee payable to the court I guess whoever has agreed to pay it should claim?

Belletower · 01/05/2019 16:53

OK, so as the respondent, if I agree to pay it I can then claim? The rules aren't clear at all on whether they will help me as a respondent or not.

OP posts:
Itsallchange · 01/05/2019 17:02

Have you already filed the paperwork?

Itsallchange · 01/05/2019 17:07

Looking at the form you complete it doesnt ask the question, so I would say who ever has paid the fee can claim it back x

Belletower · 01/05/2019 17:14

I haven't no. I was going to petition him (hence my last post) but I hit complications so I was looking in to whether he could petition me and I would pay the fee with a waiver if he requested the costs from me.

But I cant't pay it all upfront anyway, whichever route we go down it seems.

Thank you for all your help. Why does this have to be so hard Sad

OP posts:
Itsallchange · 01/05/2019 19:06

It is the hardest! I have petitioned my H and the solicitor charged a fixed fee of £1090 for the divorce which included the court fee, I had to pay £300 to start of with and then monthly, I didn’t pay the fee up front you can check online if you will be eligible and apply if you aren’t they will just ring you for payment at the point it reaches court.

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