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ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1440
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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I have been sent an hearing , husband had applied

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I have been sent an hearing for Monday, husband had applied for Divorce proceedings, I was not disputing but did not accept any correspondence. There are no children involved and I have intentions of claiming finances. where do I stand
Welcome to Just Answer
I am a Solicitor and will assist you.
Normally when one person petitions for divorce and the other party does not respond - the petitioner normally makes attempts to serve you with the papers rather than a hearing being listed.
Please can I ask you to detail for me what your orders. Please can you confirm if you do want to be divorced.
Kind Regards
Customer: replied 2 years ago.
Yes I do want to be divorced but I do not want to pay his legal costs, as I did not dispute his application and he has taken that step so therefore he is responsible for his legal costs. thanks
Customer: replied 2 years ago.
Do I have to attend the hearing or can the Divorce be granted.
As the hearing is already listed for Monday - it's likely that your husband will have incurred legal costs. The Judge may therefore make an order that you have to pay/ contribute.
Best things to do to try and avoid costs:
- call husbands solicitor now and confirm that you will not contest the divorce. Provide them with written confirmation of this by email and ask them to write to the court to vacate the hearing on Monday so that no further costs will be incurred. Negotiate and say if you provide this consent - will they confirm not to pursue costs.
- also email your letter to the court confirming you don't contest and ask for the hearing to be vacated.
If the hearing remains in the list for Monday - attend and say you don't agree a costs order should be made. There is no guarantee a costs order won't be made but you have more chance it won't if you turn up.
In respect of matrimonial finances to make a claim - you need to first refer this matter to mediation. You should tell the Judge that you do not agree that your husband should be able to obtain decree absolute until the matrimonial finances are resolved. The Judge will allow this so that your right to claim isnt prejudiced. If mediation doesn't work - apply to court for a financial order.
Kind Regards
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