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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1162
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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I have received divorce petition from my husband. He

Customer Question

Hi, I have received divorce petition from my husband. He wants me to pay for the divorce cost and I' ve been ask to do financial order. I am on career break from my work due to the fact that I've got small baby and I can't afford the divorce cost . I would like to write the financial order by myself as I can't afford solicitor . I don't own anything or have savings etc. The divorce is based on 5 years separation . Can you let me know if I can defend the divorce cost and how do I write the financial order? I can't apply for gov funding due to fact that my partner is working . Shall I admit to the court that I have got small baby with my partner?

Ewelina

Submitted: 2 years ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 2 years ago.
Hello
Thank you for your question. I note that you are concerned about having to pay the costs of the divorce.
When you complete the Acknowledgment of Service Form then you should state in the section about costs that you object to paying costs. You should detail why you object and include the reasons that you are on a low income and that it is your husbands divorce petition. When you acknowledge divorce your husband will apply for decree nisi which is the first of two decrees to obtain a divorce. You do not normally need to attend court on the decree nisi date however if costs are still being sought you should attend on the date and tell the Judge why you disagree.
If you do not return the Acknowledgment of Service Form then your husband would have to have the divorce papers personally served on you so that the divorce can continue. He will likely then seek that you are liable for such costs.
Financial proceedings are separate to divorce proceedings.
The correct process for dealing with the matrimonial finances and division is to go through a process known as full and frank financial disclosure. Yourself and your husband need to exchange full details of all assets and liabilities before negotiations take place in relation to settlement. Everything would be considered.
You should consider making a referral to a mediation service. They can assist in relation to the process of disclosure and also in relation to negotiations about division. One such mediation service is the National Family Mediation service. www.nfm.org.uk
The normal rule for division is 50/50 however the matrimonial causes act sets out factors which could lead to a departure from this rule. A few examples are the likely earning capacity of both of you for the future, health needs etc. The length of the marriage will also be a factor.
If agreement cannot be reached then an application would need to be made to the court. You can not make an application to the court until you have at least attempted mediation first. The current court fee for this is £255.
It is important that no division takes place until a court order is obtained. If division is agreed without the need to apply to court then you should submit a consent order for Judicial approval prior to division and obtaining decree absolute. Not doing so could leave you open for a future claim.
You need to have obtained decree nisi in divorce proceedings before a court can make an order or approve a consent order. You will therefore have to commence divorce proceedings.
The courts have a fee remission scheme (where they can check to see if you are eligible for a reduction in the court fees. You would need to submit form EX160 with your applications.
You should not be concerned about declaring that you have a new child to care for. This will not cause you any issues.
Kind regards
I an new to this service and therefore positive feedback would be gratefully received.
Expert:  ukfamilysolicitor replied 2 years ago.
I would be grateful if you could kindly rate my answer.