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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35042
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

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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.
HiThank you for your question.Have the costs been asked for or not?
Customer: replied 2 years 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.
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 2 years ago.
Thank you.
Customer: replied 2 years ago.
On the D10 form am I best just leaving question 5 asking about admitting to adultery, blank?
Customer: replied 2 years ago.
Also what is 1c referring to please?
Just to check - this is a behaviour petition?
Customer: replied 2 years ago.
Sorry no, the acknowledgement of service.
Sorry - The Petition that you are answering - it is based on behaviour?
Customer: replied 2 years ago.
Oh! It's a separation petition, with the adultary box ticked.
What does it say in part 6
Customer: replied 2 years 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.
Hi
Are you willing to admit to it to get the divorce?
Clare
Customer: replied 2 years 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?
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 2 years 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?
Hi
No you cannot write that.
Where it says "do you admit the adultery" - just say yes
Clare
Customer: replied 2 years ago.
And if 'costs have not been claimed' by the petitioner, there are no knock on effects of admitting to adultery?
If there has been no one else named then no
Customer: replied 2 years ago.
Thank you.
You are most welcome - I hope all goes well
Clare and other Family Law Specialists are ready to help you