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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34276
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 need to respond to a draft divorce petition before 27th of

Resolved Question:

I need to respond to a draft divorce petition before 27th of this month I am not contesting but do not agree to the liabilty of payng costs can you tell me an appropriate response before the petition is filed to the court


this is how i responded initially


 


I am responding to you letter dated 6th May 20014 ref: CSX01/CXS01/212701.


I will require more time to respond in detail to the Draft Divorce Petition, as I am a lay person and not familiar with the correct procedures to follow in these matters.


I am currently seeking to instruct a solicitor to facilitate a response and will require a further 10 days from the 13th of may 2014 to enable me to find financial resources to pay for legal representation.


Please can you acknowledge the receipt of this email as proof of a response in this matter.


Yours sincerely


XXXXX XXXXX.


 


I believe they are waiting until the 27th of may to file the petition.


I am unsure how to respond correctly, I do not intend to contest the divorce 9 for unreasonable behaviour) but believe that I should  not be liable for costs, and am concerned that the prayer part is asking for maintenance etc , is it wise to state that i do not agree with costs and paying maintenance etc in my response to this.


Please advise if possible.

Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
For clarity - you do not object to the actual grounds?
Clare
Customer: replied 3 years ago.

I am not objecting to the grounds iI would like to move forward with the process but would like to state in my response and make it clear that whilst I do not admit or accept the allegations made in the Petition, I accept the marriage has broken down but would like to make it clear that I am not prepared to meet the petitioners court costs and am also concerned about all the boxes ticked in the prayer part of the petition ( all of them are marked ) asking for maintenance and support etc


we arecurrently going to mediation and I am asking for 50% care of our children so maintenance should not be payable in this instance


 


Many thanks


Gary


 


 


Hopefully this

Expert:  Clare replied 3 years ago.
Hi
has she actually ticked the box for costs?
clare
Customer: replied 3 years ago.

Yes please see inserted screen grabs of draft petition


Expert:  Clare replied 3 years ago.
Hi
Thank you for that
Write to her solicitors saying that whilst you do not admit any of the allegations you would be willing to allow the matter to go through undefended - but inly if she withdraws the claim for costs
There is no need to worry about the Financial Boxes.
Ticking those simply makes it easier to apply for a Consent Order dismissing all further claims in the future
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 3 years ago.

Hi Clare


thankyou for you advice


one more point if I respond in the manner you suggest and the petitioner continues to file the petition without agreeing to remove the claims for costs what would be the next course of action for me


many thanks


Gary

Expert:  Clare replied 3 years ago.
Hi
At that point you write to them again saying that you will only allow it to go through undefended if they withdraw the claim for costs
Unless and until you are personally served with the Petition (it is physically given to you by a process server) they need your co-operation
Clare
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