Domestic Violence grounds

I'm divorcing my ex for unreasonable behaviour but this behaviour relates to domestic violence, both physical and emotional. I've had the draft and know for a fact he won't like the contents. He's said that he'll refuse to sign anything that makes him out to be a monster...which this does..

What happens if he refuses to sign? Does it make a difference that it's domestic violence and can i still proceed. I've warned him that delaying will cost more money.

He can defend it but this would cost him (and potentially you depending on your means to pay) money and its doubtful whether he would succeed. If he has legal representation and/or any sense he would be advised to sign to say he doesn't agree with the contents but chooses not to defend the actual divorce. The Judge though may place an order for costs ­base­d on the contents of the petition. By that I mean I did exactly what you are doing, xh disputed the DV but the Judge ordered xh to pay the divorce costs which I guess means s/he believed me.

So does the xh (respondent) always have to pay divorce costs in such circumstances or were you just lucky. I'm on a low salary and my money is made up with tax credits. He's getting representation for free from a solicitor friend, whereas i'm currently paying through the nose! He keeps trying to talk me out of doing things through a solicitor though...is this why?!!

I really don't know why the Judge ordered xh to pay the costs. I was publically funded and xh was funding himself but I am not sure if that had any bearing on the Judge's decision. I assumed it was due to the contents of the UB but I could be wrong. That's just the cost of the actual divorce, not the ancillary relief process of course.

It would take a legal bod to know how and why a Judge places orders of costs to one party or another.

Good luck anyway, let me know how it goes. I am so well rid, as are you. A life living without fear is one worth working towards

Yes, you can still proceed if he doesn't sign. He will simply have to be served personally. This can usually be done via Court Bailiffs and will slow things down a little but not stop them.

If you want to try to move things forward more quickly you could instruct you solicitor to write to his saying that if he coopertes fully with the divorce and returnsthe acknowledgment within 7 days that you will agree to limit your claim for osts to (say) 50%. That gives him a finacial incentive to cooperate.

On an UB petition costs will usually be awrded if sought, unles the respondet has given good reasons why no costs order should be made.

My solicitor just told me to write 5 or 6 short examples. So i put him at his worst. After years of abuse i felt i owed it to myself to do that to him. He doesn't want his new gf to find out.

Having spoken to my sols i am reassured he can't delay the process. The contents of the particulars ARE taken into account with regard to awarding costs and i have been told the judge is likely to find in my favour. It isn't taken into account regarding the financial settlement.