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SASH_Law
SASH_Law, Family Lawyer
Category: Family Law
Satisfied Customers: 2720
Experience:  LLB (Hons)
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Stuart, I am looking for some advice please on divorce. I

This answer was rated:

Hi Stuart
JA: What steps have been taken? Have any papers been filed in family court?
Customer: Hi, I am looking for some advice please on divorce.
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: I live in Birmingham
JA: Anything else you want the Lawyer to know before I connect you?
Customer: My husband has filed and is expecting me to pay half and I just want to know my legal rights please
Customer: replied 1 month ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 1 month ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.

Hi, I'm Lea and I have reviewed your query.

Do you object to paying half the costs?

Please read the following:

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Customer: replied 1 month ago.
I do object to any cost whatsoever. Thank you

As your husband has petitioned against you, he is entitled to ask the court to assess costs.

It is up to the court whether or not costs will be awarded - so you can respond to the petition and state that you don't object to the divorce but that you do not wish to pay costs (for example if you think the divorce is actually your husband's fault and not yours and feel he should be responsible for paying you can say that).

For the most part, the court will assess the costs as being shared. You won't know who is going to be ordered to pay the costs until such time as the judge decides on that - unless you can agree in writing with your husband that he will pay.

Customer: replied 1 month ago.
Thank you and what of the rent please where his name is ***** ***** lease?

If he is the only one on the lease, and you are no longer living in the property, then you are not responsible for the rent.

Customer: replied 1 month ago.
We are both on the lease and he has moved out, does he have to pay half?
Customer: replied 1 month ago.
Also can I refuse to get divorced and just wait the 2 years?

If it is a joint tenancy agreement then you are both jointly and severally liable for the rent. However, if he is having to pay rent elsewhere it is unlikely a court would expect him to pay the rent for the former marital home.

If he has petitioned for divorce, if you do not engage with the process, the court is going to grant him the decree nisi and ultimately the decree absolute.

You can only stay married if he agrees to wait the two years.

Customer: replied 1 month ago.
What does that mean about the payment for the divorce please?

What are you referring to?

Customer: replied 1 month ago.
If he is granted a decree who pays for the divorce?

For the most part, the court will assess the costs as being shared. You won't know who is going to be ordered to pay the costs until such time as the judge decides on that - unless you can agree in writing with your husband that he will pay.

Is there anything further I can clarify?

Customer: replied 1 month ago.
That is all for now thank you.

You're welcome.

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