AskThe Ex­perts

The Peterborough Evening Telegraph - - BUSINESS - Spon­sored by


Will I be re­spon­si­ble for the di­vorce costs if I am the cause of


the break­down of my mar­riage?

There is one ground for di­vorce which is that the mar­riage has bro­ken down ir­re­triev­ably but there are five ways of ev­i­denc­ing this, namely: adul­tery, un­rea­son­able be­hav­iour, two years de­ser­tion, two years sep­a­ra­tion with con­sent and five years sep­a­ra­tion with­out con­sent.

It is im­por­tant to note that that these costs are lim­ited to the di­vorce only and not any fi­nan­cial rem­edy pro­ceed­ings aris­ing out of the di­vorce. There is no pre­sump­tion that the Re­spon­dent will bear the full cost of the di­vorce. In­stead, it will de­pend upon the par­ties’ cir­cum­stances, for ex­am­ple, if the Re­spon­dent is wealth­ier then it may be agreed that the Re­spon­dent pay the fees and equally the same will ap­ply vice versa, but it is nor­mally agreed be­tween the par­ties be­fore the Pe­ti­tion is filed. In prac­tice this is gen­er­ally not a con­tentious is­sue as it is not cost ef­fec­tive to ar­gue over this point given the rel­a­tively low cost of a di­vorce but if it does be­come con­tentious, then the party con­test­ing it will need to at­tend Court at the pro­nounce­ment of De­cree Nisi to put for­ward their rea­sons as to why they should not be or­dered to pay costs. Where the Pe­ti­tioner is be­ing rep­re­sented by a so­lic­i­tor, the di­vorce pro­ceed­ings are likely to be sub­ject to a fixed fee be­tween ap­prox­i­mately £600 and £1,200.

If you would like fur­ther ad­vice, please con­tact Alex Hart­noll on 01733 295622 or email alex. hart­

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