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Politics2 mins ago
Divorce Petition Costs...?
2 Answers
I'm the respondent in a divorce petition but am not sure whether I should seek representation as I can't afford it.
Could someone please advise me as to what the following means in layman's terms:-
COSTS:
That the Respondent shall be ordered to pay the costs of this application "but only if the proceedings are defended"
FINANCIAL ORDER:
(1) That the Petitioner may be granted the following:
a. an order for maintenance pending suit/outcome
b. periodical payments order
c. secured provision order
d. lump sum order
e. property adjustment order
f. order under section 24B, 25B or 25C of the Act of 1973/paragraph 15, 25 or 26 of schedule 5 to the Act of 2004 (Pension Sharing/Attachment Order)
(2) FOR THE CHILDREN
a. a periodical payments order
b. secured provision order
c. lump sum order
d. property adjustment order
I'd be grateful for any help.
Thank you
Could someone please advise me as to what the following means in layman's terms:-
COSTS:
That the Respondent shall be ordered to pay the costs of this application "but only if the proceedings are defended"
FINANCIAL ORDER:
(1) That the Petitioner may be granted the following:
a. an order for maintenance pending suit/outcome
b. periodical payments order
c. secured provision order
d. lump sum order
e. property adjustment order
f. order under section 24B, 25B or 25C of the Act of 1973/paragraph 15, 25 or 26 of schedule 5 to the Act of 2004 (Pension Sharing/Attachment Order)
(2) FOR THE CHILDREN
a. a periodical payments order
b. secured provision order
c. lump sum order
d. property adjustment order
I'd be grateful for any help.
Thank you
Answers
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AS you know you are the responder as you respond to the petition, the petitioner is the other side who asks for the divorce by filing a petition.
You will not get legal aid and there will be little point in defending the divorce or cross-petitioning as the grounds are now that the marriage has broken down irretrievably, if one party is claiming this it is difficult for the other to say the marriage still exists.
If you do not defend or cross-petition it will be very straight forward and Cafcass (children and family court advisory & support service) will be brought in if children are involved and you probably will not need a solicitor. Try to agree as much as you can with the other side, you will first be issued with a decree nisi (meaning unless) followed by some 6 weeks later with the decree absolute at which point you are no longer married.
You will not get legal aid and there will be little point in defending the divorce or cross-petitioning as the grounds are now that the marriage has broken down irretrievably, if one party is claiming this it is difficult for the other to say the marriage still exists.
If you do not defend or cross-petition it will be very straight forward and Cafcass (children and family court advisory & support service) will be brought in if children are involved and you probably will not need a solicitor. Try to agree as much as you can with the other side, you will first be issued with a decree nisi (meaning unless) followed by some 6 weeks later with the decree absolute at which point you are no longer married.
Its a simple decision if your not rich go to the citizens advice and they will help for free. You will find that this form is just a legal document and most of it does not apply to you. But act now the courts hate people who ignore forms and you get your self into a big problem if you don't reply the courts will just find in the other persons favour as standard.
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