COSTS OF THE DIVORCE
Unfortunately, we still have a fault-based divorce system, at least until the parties have been separated for two years. This means that if the divorce is based upon adultery or unreasonable behaviour then the court will take the view that the breakdown of the marriage was the fault of the respondent (whether or not this was really the case), and order him/her to pay the petitioner’s costs of the divorce, assuming that the petitioner has included a claim for costs in their petition.
Note that costs orders are not considered to be appropriate in five years’ separation divorce cases, so if you claim costs in such a case you should not get your costs order. Point this out to the court on your acknowledgement form if you are the respondent in a five years’ separation case and the petitioner has asked the court to order you to pay their costs.