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. firstname.lastname@example.org