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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34484
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I have been a named as a respondent in a divorce proceedings

Customer Question

I have been a named as a respondent in a divorce proceedings from my estranged wife. As we have been separated for two years it is undefended and I do not wish to contest, rather agree as quickly as possible.
It is asked that I pay costs and sign undertaking with no claims of any kind. This is in my opinion a satisfactory outcome to a sad chapter. My concern is only what I can expect to pay in costs and getting a solicitor to respond to these documents appropriately and explain the process and my rights ASAP. Im London-based.
Submitted: 3 years ago.
Category: Family Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, welcome to the website. My name is Tony, I can assist you with this.

tdlawyer :

Have you tried to reach agreement with her to pay half of the costs each?

JACUSTOMER-htcjr3j3- :

No, I am keen to conclude this matter as quickly as possible

tdlawyer :

Okay, it is worth doing this, these matters normally resolve on that basis. It's common to see a draft order or request for costs be paid by the respondent (you), because that's just what a petitioner's solicitor would do, but normally, on amicable divorces, the parties will agree to go 50:50. Your request for this would not be surprising and should be agreed to.

tdlawyer :

All that being the case, without consideration of issues concerning financial relief etc., for a simple straightforward uncontested divorce you would be looking at c. £800 in total, so £400 each or so.

tdlawyer :

The costs shouldn't be too different from that.

Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare and I will do my best to help
In fact where the Divorce is based on the fact that you have lived apart for two years the Court will NOT make an Order for costs as there is no legal basis on which they can do do
Many solicitors are unaware of this
If you are minded to be generous you can write to the solicitor who has issued the Petition and offer to pay half of the COURT COSTS only - (£450 in total) and remind him/her that without your consent the divorce cannot go ahead in any event.
There is no need to get a solicitor to deal with the paperwork unless you wish to do so
Clare