Re: Summer 2015 | Page 88

Divorce Answers to the questions you should be asking Q1. Does it make a difference whether I am the Petitioner or Respondent? On principal you may feel that you should be the petitioner if you believe that your spouse has caused the marriage to break down. Ultimately, the end result will be the same and upon pronouncement of the Decree Absolute you will be divorced. There are however benefits in proceeding as the petitioner as you will be in control of the timing of the process. In particular, if you are the petitioner, your spouse will not be able to apply for the Decree Absolute without placing you on notice that an application is being made, which you can object to if you wish. This may be important if for example your spouse has pension rights which you stand to benefit under whilst you remain married. If you are the petitioner you do not have to give notice to the respondent when applying for the Decree Absolute. You should think of the divorce and financial matters as two separate processes, even though they are intrinsically linked 86 Q.2 Are the costs of the Divorce shared between myself and my spouse? The starting point is that you will each be responsible for your own legal fees. However, if you are the petitioner, your legal fees are inevitably going to be higher that those of your spouse, who will be the respondent. The respondent’s only role in the divorce is to file an acknowledgement of service and the work involved as petitioner is greater. In the ‘Prayer’ of your Petitioner (the only remaining traditional section of your Petition) there is a section in which you can ask the court to order that the respondent should pay some or all of your legal fees. You will still have to pay your legal fees and the court fee initially and seek reimbursement from the respondent, unless an alternative arrangement can be agreed in advance. It will be down to the discretion of the District Judge as to whether they order that your spouse should pay some or all of your legal fees in relation to the costs of the divorce. You must bear in mind that this applies in relation to the divorce proceedings only. There is no automatic right to seek a contribution from your spouse towards the costs of resolving the financial matters arising from the breakdown of your marriage (such as what is to happen to the house, pensions and savings). You should think of the divorce and financial matters as two separate processes, even though they are intrinsically linked. When dealing with the finances, it is possible for you to ask your spouse to contribute towards your legal fees if there is a significant disparity in your respective incomes and an adjustment is required to create a ‘level playing field.’ This applies whether you are the applicant or the respondent in the financial matters. If this cannot be agreed, you should seek advice from a solicitor as to whether it is appropriate for you to apply to the court for a Legal Services Order, which is a Court Order requiring that your spouse must contribute to your fees. Q3. What happens if I am the respondent and I do not acknowledge service of the petition? Your spouse, the petitioner, can arrange to have the papers personally served upon you to prove you have received