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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34106
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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Claire, If I say in question 5 on the acknowledgement of

Resolved Question:

Hi Claire,
If I say in question 5 on the acknowledgement of service , that I do not admit to the alleged behaviour but I will not be defending the petition, does this mean I'm less likely to be ordered to pay costs and does it mean I may have to go I front of a judge or explain things further? Also, if in the separation petition, the boxes in 10,2 have not been ticked regarding to costs, can I answer question 6 on the D10 form saying yes as the petitioner has agreed to pay costs?
Kind regards.
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HiThank you for your question.Have the costs been asked for or not?
Customer: replied 1 year ago.
Where would I find this answer? Not verbally they haven't. He asked by email for half of the court fee but I haven't replied.
Expert:  Clare replied 1 year ago.
Hi
If he has not ticked 10.2 then no claim has been made and you should simply say "costs have not been claimed"
If you put those words in question 5 then no you will not need to do anything further!
Please ask if you need further details
Clare
Customer: replied 1 year ago.
Thank you.
Customer: replied 1 year ago.
On the D10 form am I best just leaving question 5 asking about admitting to adultery, blank?
Customer: replied 1 year ago.
Also what is 1c referring to please?
Expert:  Clare replied 1 year ago.
Just to check - this is a behaviour petition?
Customer: replied 1 year ago.
Sorry no, the acknowledgement of service.
Expert:  Clare replied 1 year ago.
Sorry - The Petition that you are answering - it is based on behaviour?
Customer: replied 1 year ago.
Oh! It's a separation petition, with the adultary box ticked.
Expert:  Clare replied 1 year ago.
What does it say in part 6
Customer: replied 1 year ago.
The respondent has committed adultery with another man, the details of whom are known to the petitioner, in/around the Manchester area in/around the autumn of 2015.
Expert:  Clare replied 1 year ago.
Hi
Are you willing to admit to it to get the divorce?
Clare
Customer: replied 1 year ago.
If really need be. I was going to say the bit about not admitting to the alleged behaviour but not defending the petition. Are there any knock on effects if I admit to it?
Expert:  Clare replied 1 year ago.
If you do not admit the adultery then the divorce cannot go ahead.
Since no claim for costs has been made there is no risk in your admitting the adultery.
Please ask if you need further details
Clare
Customer: replied 1 year ago.
So going back to my original questions, does what you've just said mean I write the bit about not defending the petition but not admitting to the alleged behaviour. Or am I best not writing that?
Expert:  Clare replied 1 year ago.
Hi
No you cannot write that.
Where it says "do you admit the adultery" - just say yes
Clare
Customer: replied 1 year ago.
And if 'costs have not been claimed' by the petitioner, there are no knock on effects of admitting to adultery?
Expert:  Clare replied 1 year ago.
If there has been no one else named then no
Customer: replied 1 year ago.
Thank you.
Expert:  Clare replied 1 year ago.
You are most welcome - I hope all goes well
Clare and other Family Law Specialists are ready to help you