Legal costs

My husband is trying to ensure he gets every last penny out of me and has been to see his solicitor numerous times and has just informed me he has already spent £1000 and will be looking to me to pay it as he is the Petitioner and I am the respondent. Is it reasonable that he can notch up endless hours of legal advice at my expense when most of it relates to his financial wish list rather than the petition? What can I do about it? Can it be capped? Can I argue against it?

Hmmm, yes. It''s very common for people in the throes of divorce to say their ex is trying to screw them for everything.

Part of the problem is that the divorce petition itself requires claimants to tick boxes stating what they are going to claim from the other. It''s considered good practice for solicitors to tick all the boxes, thus preserving their client''s options.

The problem with this however, is that all too often ticking all the boxes is interpreted as meaning that the other side wants everything. They then react quite predictably and the stage is set for an acrimonious dispute.

He can''t make you pay for his legal advice as such, though it is sometimes possible to take the cost of legal advice into account in applications for maintenance pending suit. But this would be ordered only where there is a financial inbalance, eg if one party could afford a QC and the other could hardly afford any advice at all.

Costs of the petition can sometimes be ordered if the grounds are fault based, eg adultery or UB.

In general rule is that both parties pay their own costs of financial proceedings.

LMM

The confusion arises as the Petition allows the Petitioner to claim costs from the respondent. Unfortunately this is only in relation to the costs of the divorce - not the issues involving finances, children, maintenance etc.

This stems from people using the term ''divorce'' as a global reference for everything to do with matrimonial separation. It therefore follows that if someone sees a box to tick to claim costs of the divorce, they assume that their spouse will pick up the tab.

It''s amazing how people don''t concern themselves with legal fees if they think someone else is paying. As soon as the true position is pointed out the matter should sort itself out.

Charles

Unfortunately it''s all part of the process - they''ll try everything to wind you up - upset you - he can ask or claim what he wants but doubt he''ll get it. I''m not sure how far you are with things but if he''s only spent £1000 not far I guess?
I was the Petitioner couldn''t claim anything wish I could of - I did try as the ex was unreasonable and stalled at every twist and turn but the judge just rules ''each pay own costs''.
Don''t worry too much - are you taking legal advice?

I have just had a one hr session as I thought mediation was supposed to avoid the need for solicitors. Turns out we''re starting mediation AND he is beating a regular path to the solicitor''s door (also sending me very threatening emails.)