What happens where the Respondent agrees that the Court has jurisdiction, and does not wish to defend the divorce, but objects to paying the costs?
It is up to the Petitioner whether they still decide to pursue a Costs Order against the Respondent, and thereafter for the Court to decide whether to make such an Order. In proceedings based on the Respondent’s adultery or unreasonable behaviour, the Court will usually make a Costs Order in the Petitioner’s favour. However, this is less likely where the Petition is based on two years separation or more. Often, where the Court makes a Costs Order in the divorce proceedings, this is usually dealt with within the financial arrangements, either arranging for payment or agreeing not to enforce the Order as part of the overall negotiations.
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