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James Mather
James Mather,
Category: Family Law
Satisfied Customers: 1390
Experience:  Senior Partner at Berkson Wallace
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My wife and I are going through a divorce case at present and

Customer Question

My wife and I are going through a divorce case at present and are awaiting the absolute, we came to a very amicable settlement that she was content with financially, this is written, signed and in the hands of her solicitor, i have discharged my financial duties in respect of this and believed this to be final.
I have received a letter from the court the Judge has said"Upon making the Decree Nisi ordered that the Respondent pay the costs incurred on behalf of the Petitioner in this cause to be assessed if not agreed"
She has now received a form asking for all financial details of income, savings pension etc,
can you please advise as to where this is going and will i have anymore financial outlay
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
HiThank you for your questionMy name is ***** ***** do my best to help you bit I need some further information firstWhat was the ground used for the Petition and what agreement had you made about the costs of the divorce?Has a Draft Financial Order been prepared?
Customer: replied 2 years ago.
Committed adultery with unnamed woman, our agreed settlement was that she had the entire collateral left in the house after mortgage cleared after sale £190k, she had also asked for £60k lump sum from my pension and i paid her £20k to clear her new morgage
Draft financial order i dont know, i havent used a solicitor as i couldnt afford one and also to keep her costs down, it was all un contested
Expert:  Clare replied 2 years ago.
What form have you been sent regarding finances - and what agreement was made about who would be the divorce fees?
Customer: replied 2 years ago.
Clare, i havent seen the form yet but it is asking for the financial info plus such items as are we planning to re marry, do we have a mortgage, etc
As far as court costs i paid £600 and she £400 at the start which i believe was the court costs covered
Customer: replied 2 years ago.
Looking back through the forms, the seperation petition form Part 10, all the boxes of the Financial order are ticked and the costs are allocated to me, does this help?
Customer: replied 2 years ago.
When i asked about all the orders she was advised by her solicitor that this was a formality and they wouldnt be seeking further cost against me and these orders would be struck off to prevent her coming back for more at a later date, does this make sense?
Expert:  Clare replied 2 years ago.
Do you mean this form
Customer: replied 2 years ago.
No not that form, its titled
Divorce/dissolution/(judicial)separation petition, D8
Expert:  Clare replied 2 years ago.
Sorry - that is the form with the financial questions that you were worried about on?
Customer: replied 2 years ago.
Yes, i dont have any other information
Expert:  Clare replied 2 years ago.
Do not worry about the financial boxes, they simply make it easier to get a Consent Order in the future.
The Costs Order however is of more concern given that you have already paid a great deal of the costs of the legal proceedings
Do you have anything in writing from her solicitors about the costs?