Cannot afford to pay divorce costs

[Pyjamaface]

Writing this for my Dsis.

She kicked her husband out in Feb last year after discovering he was having an affair. Looked into divorce but couldn't afford it.

She has now received papers from his solicitor (because he has just got engaged to OW) saying he intends to file based on her unreasonable behaviour. Whatever, he can't use his own behaviour, the reasons don't matter in the grand scheme of things BUT he is asking for her to pay for half of his costs (£700 + court fee) and she cannot afford this. If she could, she would have filed immediately.

Can she be forced to pay this? She can't even afford a solicitor to advise her let alone pay half of his costs as well.

She can if the judge thinks that’s how it should be. However she will have a chance to tell the judge why she ought not pay a penny.

Has she looked into exemption from fees? Scroll down past the forms for detailed info

www.gov.uk/government/publications/apply-for-help-with-court-and-tribunal-fees

As Collaborate says she can object to costs. There is a box on the acknowledgement form, where she should say she objects as it was his affair that ended the marriage. Ability to pay is irrelevant here, the question is whose fault was it the marriage broke down.

Has the petition been issued? If not, and it is just a draft, then tell the solicitors that she will agree to the divorce (despite denying the behaviour alleged) provided he withdraws any claim for costs.

Do they have kids? Assets?

Has he mentioned his engagement in writing?

He can ask for the court fee but I was told (I filed) that the respondent doesn't have to pay the solicitors fees.

Thanks, she earns just slightly too much to be exempt from the fees I think.

It just seems so unfair that she has to pay for half of his bloody legal fees when she cannot afford for any for herself.

Do you think it would be worth writing to the solicitor stating that, although the marriage broke down due to his affair, she will consent to the divorce providing he pays the full costs? Or offer to pay half the court fee only?

Sorry, missed the last couple of reply's.

It is just a draft she has received so you think it would be a good idea to do as I suggested and agree to the divorce if he pays full costs?

There are no dependant children, no assets. He hasn't mentioned his engagement in the papers but the proposal was filmed and put on Facebook, along with photos and the usual #blessed style posts

Yes she should do that.

Save those Facebook posts!

The reason she is being asked for that is because he is claiming her unreasonable behaviour. If he claims her behaviour is unreasonable, the costs for the application are split 50/50 as standard.

If for example it was based on your sister's adultery she would be expected to pay the whole costs.

There are really two options, although one will incur a Court fee (if she isn't exempt). Go back to the solicitor, say that she does not accept the unreasonable behaviour but will not contest it if he pays all of the petition and Court fees.

If they say it should be split, say that she will contest there is unreasonable behaviour on her part (which will incur the Court fee for the cross-petition).

The problem that he has is that if he wants to remarry he needs the divorce through. He cannot file on the basis of his own adultery and unreasonable behaviour. If she contests it and he can't prove it, then either it is two years before he can apply if your sister agrees or 5 years if not, which will scupper his plans to remarry.

He may decide to pay the fees to get it done if it means delaying his wedding.

Your sister really should get some legal advice though to make sure that she is getting a fair share of any assets, especially if there are children involved.

Some points:

1. Fee exemption forms are only for petitioners. Her ability to pay is, as MrBertBibby says, irrelevant
2. The respondent can be ordered to pay not just towards the court fee but also the solicitors fee.
3. There is no standard 50/50 split of costs in a UB petition. Anything can happen.
4. She should never defend because she wants to avoid paying towards the costs. Always follow the court procedure for setting out the case why the respondent thinks they shouldn't have to pay the petitioner's costs. That's what it's there for.

Thanks again,

She is going to write a letter denying the unreasonable behaviour and stating the adultery (I have screenshot the engagement etc from Facebook just in case) but she will not contest if he pays all the fees. Fingers crossed that he agrees so it doesn't delay his next wedding.

She doesn't want to defend the divorce as such, she is worried about paying half of his fees when the marriage ended due to his affair. It's a bit like getting kicked in the teeth twice iyswim