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Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 28812
Experience:  25 years experience of all aspects of family law
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Does the respondent need to pay divorce petition fees in E

Resolved Question:

Does the respondent need to pay divorce petition fees in England
Submitted: 1 year ago.
Category: UK Family Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question
I shall do my best to help you.
Depending on which ground is used the Petitioner can claim costs from the Respondent - but it is the Court who decide whether or not the Respondent should be ordered to pay them
I hope that this is of assistance - please ask if you need further details
Claire
Customer: replied 1 year ago.
He originally asked for divorce with consent as been separated for two years I was advised not to consent until financial matters sorted, now received petition irretrievable breakdown due to my unreasonable behaviour with a statement full of lies about me, I am happy to get divorced but not able to pay for it and need to ensure financial side is sorted out.
Expert:  Clare replied 1 year ago.
Hi
May I ask who gave you that advice?
Claire
Customer: replied 1 year ago.
IMy mum paid for initial advice from a solicitor for me when I received the initial request for divorce by consent. I paid £80 for hour consultation where he advised that he would ask for full financial disclosure and ask my ex to pay my legal fees however he didn't action this he only asked for the financial info. When I asked why he didn't do why we discussed he said he didn't want to scare him away from the table. Obviously this back fired and I am now in a worse position. I never signed up formally to this solicitor and won't be doing so
Expert:  Clare replied 1 year ago.
Hi
Yes - you were poorly advised as this is the foreseeable next step if agreement to a two year separation is refused.
Are any of the allegations truly obnoxious?
Claire
Customer: replied 1 year ago.
I find allegations very obnoxious he has said I treated him as a housekeeper and money provider to keep me in the style I had become accustomed to and that I excluded him from family life by taking my daughter to dancing. I earned £1800 a month take home pay and received £400 a month pocket money from him he had the rest of the money I feel like he is going to get what he wants and making a fool out of me and I am going to pay for it too. I just want what's right for my two daughters
Expert:  Clare replied 1 year ago.
Hi
What assets and debts are there and what income do you each have?
How long have you lived together and how old are the children?
Claire
Customer: replied 1 year ago.
We lived together from 1997 until 2011 when we separated and I was also made redundant. I now work in a school and earnings are now only 13000 a year. I have debts of around £9000 I don't know what he earns now he did take home over £2000 a month when we were together but think its more now. Outstanding mortgage is £99000 house worth approx £195000. For past two years I have paid mortgage on my own and have decorated and re-carpeted/floored the whole house. We did a separation agreement from the Internet when we split without taking legal advice it was all very amicable then but think this was a big mistake on my part as I said I didn't want any claim on his pension and that he was entitled to half the house when sold. Would this stand up in court?
Expert:  Clare replied 1 year ago.
Hi
Is he paying maintenance and do you know how much the pension is worth?
Claire
Customer: replied 1 year ago.
He was paying 250 a month until this month I asked him in may for increase and now pays 300. His pension 2 years ago was worth £53000. I have two pensions currently worth £23000 and waiting info on another one I had in the 80's
Expert:  Clare replied 1 year ago.
Hi
How old are the children?
Claire
Customer: replied 1 year ago.
11 and 16 however oldest child is not his biologically we lived together from when she was three months old she has his name and he brought her up as his own her biological father is deceased
Expert:  Clare replied 1 year ago.
Hi
You will not be bound by the agreement that you signed since you were not legally advised
So far as the Petition is concerned contact his solicitor and say that you are willing to not defend the Petition provided that he withdraws his claim for costs.
When completing the Acknowledgement of service after this has been agreed the you should complete it saying that "You do not admit the allegations but do not intend to defend the petition"
Where is says costs put "it has been agreed that they will be withdrawn"
At the same time you need to offer to go to Family mediation (www.familymeduationehlpline.co.uk) to discuss financial issues - if he refuses then you apply to the court for Financial Matters to be considered
He should be paying 20% of his income as Child Maintenance - and may be liable for spouse maintenance - without knowing his income you cannot be certain
Claire
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 28812
Experience: 25 years experience of all aspects of family law
Clare and 3 other UK Family Law Specialists are ready to help you

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Clare
Clare
Solicitor
28812 Satisfied Customers
25 years experience of all aspects of family law