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Who will pay the fees? UK Divorce.?

My sister and her husband have been separated 15 months and now he's filed for divorce on the grounds of her adultery. She's signed that she will not contest the divorce and the divorce papers should be with her within a few weeks to sign before she gets her decree nisi.

My question is, because he filed does he have to pay the fees? There's no children and nothing to divide so it's a very straight forward divorce but she is on benefits and can't afford to pay for the divorce. Does she need to see a solicitor now or will she be free from paying for it without legal aid since he filed?

She's in the UK.

6 Answers

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  • 1 decade ago
    Favorite Answer

    Up to her if she wants a solicitor. He obviously has taken legal advice and must be quite keen to get the divorce through if he is going for adultery as opposed to the more common approach of waiting for two years separation and then opting for irretrievable breakdown. If he is feeling mean he could ask for costs - i.e. she gets to pick up his legal tab. It sounds like the case is pretty far down the line if papers are being served. If she is not contesting the petition it sounds like she just wants out of the relationship in the most amicable way possible. There will be a financial settlement that needs agreement. In this respect he probably has a slightly better position as he has a brief.but that rather depends on what she wants.

  • liz
    Lv 7
    1 decade ago

    I am in UK too, tell your sister to find a solicitor that deals with divorce and also one that covers Legal Aid. If she is on benefit it wont cost her anything anyway whether she filed for divorce or he did, but she will need a solicitor.

    Good luck.

  • ANF
    Lv 7
    1 decade ago

    All properties and possessions are split down the middle. The costs will need to be paid on both sides.

    She would be well advised to have her own solicitor as even when things appear straight forward that is the time when one party will try to get more from the settlement.

    For example, your sister will be entitled to a share of his pension when he qualifies for it at retirement.

    Just one of the things that are not always considered when using one solicitor.

  • 1 decade ago

    She will need a solicitor to make sure she gets everything she is entitled to. if she is on a low wage or benefits she will get legal aid that pays for it - my divorce took 7 years to complete and cost £35,500 and legal aid paid for it.

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  • Mike C
    Lv 4
    1 decade ago

    She's in the UK, I never would have guessed! I would imagine that the Queen would pay for it, right! I mean the people of the UK pay everything for her and her family, time for some pay back I say!

  • LIPPIE
    Lv 7
    1 decade ago

    I would consult a lawyer to make sure that she is covered and not being taken advantage of.

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