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road2freedom

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Subject: What does this mean? Posted: Wednesday, December 4, 2013 - 10:28:20

Hello everyone. Have just received ex2b\'s acknowledgement of my Petition, with affadavit for me to sign. All seems ok, except that where it says about paying the costs of the proceedings, he has put that he does object because I am a \"litigant in person\" and that he feels this is \"a suitable case for each party to meet their own costs\". I am going to check this out with my Sol, but in the meantime, just wondered if anyone could reassure me that this really does just mean that I would only be paying MY costs.....and not half of his. I am on legal aid, so don\'t think I have to pay any costs. So, is it okay for me to agree to this. Hope you don\'t mind me asking....but all this \'litigant in person\' stuff is complete mumbo jumbo to me! Why can\'t Sols make things clearer? Thanks! road2freedom x

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Caractacus Potts

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Posted: Wednesday, December 4, 2013 - 10:27:14

You are not a litigant in person if you are represented by a solicitor.

loft

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Posted: Wednesday, December 4, 2013 - 10:31:08

If you are on legal aid and are therefore represented you are not LIP - does he mean he is LIP? In most cases you bear your own costs - I\'d be surprised if in this case it deviates. Plus even though you are on legal aid it doesn\'t mean you don\'t pay. I think that if you secure over 3k in assets you will have to repay your legal aid charges.

road2freedom

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Posted: Wednesday, December 4, 2013 - 10:28:20

Thanks everyone. Don\'t think he is LIP, as he has solicitor too, and it definitely says \"Petitioner is litigant in person\". Re: Legal Aid, my Sol told me that as long as we had a mediated settlement, I would not pay anything. That\'s only reason I went to mediation and settled things so amicably. Hope I\'ve got all this right. I\'m not stupid (well....perhaps a little bit!), but I\'m so afraid of signing things in case I have misunderstood them. Don\'t want to end up paying half his costs! Will talk to Sol tomorrow, but I am very grateful to you for helping me out in the meantime! Thanks! r2f x

EnglishRose

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Posted: Wednesday, December 4, 2013 - 10:33:37

Also bear in mind that it is just the costs of the divorce part (and tey are very low - a few hundred). What most people wate their money on is 2 years of paying lawyers to sort out money ofte 10 - 50k and those are not the costs mentioned on this petition. In general most parties these days bear their own costs of those why Heather Mc C has sacked her lawyers I think

road2freedom

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Posted: Wednesday, December 4, 2013 - 10:28:20

Thanks for that, ER, I hadn\'t realised. Thought it was his Sol\'s bill. As we\'ve gone through mediation to agree contact and finances, we shouldn\'t have to pay out too much. Thanks to you, and everyone for your help. r2f x

Samson

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Posted: Wednesday, December 4, 2013 - 10:29:11

Its common to come to a costs agreement prior to signing, you have two choices. He is liable for costs as you are petitioner in the divorce, he could make it difficult by not signing the petition and counter petitioning but this envariably is a waste of money. If I was you I would agree for him to pay half the divorce petition costs and you pay half. If he doesn\'t agree and you have his signiture on the petition already then you can ignore anything he says and just go to court where he will be liable for costs. Sam

Kat007

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Posted: Wednesday, December 4, 2013 - 10:29:05

I too have just revieved papers for petition to be sworn. My ex2b has said that he will be paying costs of divorce which includes paying back the legal aid. Just a shock just before christmas so shed a tear this morning first one for a whole week.
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