DIVORCE COSTS

Who Pays?

The Petitioner is liable to pay the above will pay his/her own solicitor initially. 

The parties can agree to divide the costs of the petitioner  since the Respondent rarely incurs any significant costs. 

However, often the Respondent spouse may agree only to consent to the Divorce if the Petitioner does not claim costs. Where the divorce is on adultery or unreasonable behaviour it is normal for the Court to order the Respondent to pay all of the Petitioner's costs unless the parties have agreed otherwise. In these cases it is not unusual for the Respondent to try to agree costs as a pre-condition for not contesting the Divorce and returning the Acknowledgement form to the Court. 

Unreasonable behaviour is the most common ground for Divorce because most people do not wish to wait for a 2 year period of separation. Often either party will be able to cite unreasonable behaviour against the other sufficient that is sufficient enough to obtain a Divorce. However it would be costly if both parties Petitioned and therefore it is sensible if the parties can agree that only one of them will Petition with the other's consent and reach some agreement on the costs. In most cases it makes no difference who Petitions and on what grounds as it has not no bearing on the division of matrimonial assets or issues relating to children contrary to popular belief.