If you’re about to file for divorce or dissolution, you’re probably wondering how much the whole thing is going to cost you. We’ve put together this summary of the different costs you can expect – from court fees to legal fees – plus who pays and what to do if you can’t pay.
How much are court fees?
The legal process of divorce (or dissolution of a civil partnership) involves the courts and there are various fees to pay.
You can either do this yourself or ask a solicitor to help you. Some firms offer a fixed fee and others might charge on an hourly basis. In Scotland, if you have children under 16, you are likely to need a solicitor to draft the court papers. The cost of this will depend on the firm of solicitors you instruct.
Court fees in England and Wales
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The court fee for filing your divorce (or dissolution) petition
(If the petition for divorce (or dissolution) was issued before 1 July 2013, the fee is £340)
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£410
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The court fee for obtaining your decree absolute (or final order)
(Filing an application to make a decree nisi, absolute (divorce), or a conditional order, final (dissolution) - only applicable if the original application for divorce, nullity or civil partnership dissolution was filed before 1 July 2013)
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£50
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The court fee for an application for financial proceedings
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£255
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If you have agreed the financial arrangements and detailed them in a consent order the court fee for asking a judge to approve the consent order and make it binding
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£45
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Court fees in Scotland
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The court fee for a simplified divorce
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From November 2012, £101
From April 2013, £104
From April 2014, £107
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In an ordinary divorce, the court fee for lodging an action of divorce
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From November 2012, £133
From April 2013, £136
From April 2014, £141
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Fee for minuting for decree
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From November 2012, £58
From April 2013, £60
From April 2014, £62
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Court fees in Northern Ireland
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The court fee for lodging a petition
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£200
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Applying for a court hearing
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£250/£300
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Application to make decree nisi absolute (divorce)
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£75
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Application to make conditional order final (dissolving a civil partnership)
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£75
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The court fee for an application for ancillary relief (to sort out the finances)
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£250/£300
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How much are legal fees?
Apart from the divorce process itself, when you’re untangling your finances you probably want to get some legal advice to ensure your interests are protected. However, this can be expensive. The amount it costs depends upon your case.
Legal fees are an important thing to consider when you’re deciding how you want to resolve matters with your partner. The more you can agree yourselves, the cheaper it will be. Using mediation or collaborative lawyers may be more cost effective than asking the court to decide the settlement. And you can try to keep costs down by using free legal online resources.
Solicitors have traditionally charged by the hour for their time, but the profession is seeking more and more to fix or cap its fees. You should always seek a quote based on the circumstances of your case. If you go to court to reach a settlement, you may need a barrister who will also be paid by the hour or per day.
Legal fees in Scotland
In Scotland, a solicitor can litigate (and usually does) in the Sheriff Court which is where a considerable amount of divorces are raised. An advocate would only be used if the divorce was of high value or was particularly complex. Accordingly, it is highly unlikely that there would be any fees other than the solicitor’s fees, if it was necessary to go to court.
| Legal services | Typical costs |
|---|
| Using a solicitor to negotiate on your behalf | Between £3,000 and £10,000 per person |
| Using a solicitor just to help with the court paperwork (in Scotland, this is likely to be necessary if you have children under the age of 16) | Varies on the case |
| Using a solicitor for independent legal advice |
Could be free if you use a solicitor offering a free initial consultation.
Otherwise about £100-£200 per hour
|
| Using a solicitor to draw up a legal document containing the agreement you have come to with your partner | About £100-£200 per hour |
Find out more about the different kinds of professional help available – including mediators and collaborative lawyers - in our guide:
Other costs you need to be aware of
Who pays?
There is a presumption that each party will pay their own legal fees and it is difficult to change that unless there are extreme circumstances. That said, sometimes couples agree that the costs of dealing with the consequences of a separation will be paid by the better-off partner.
How to get help with costs
Since 1 April 2013, legal aid (where some or all of your legal costs are paid) is not available in England and Wales for many family cases, including divorce, unless evidence can be provided of domestic violence. Legal aid is still available for mediation and legal advice in relation to mediation. You might qualify for this if your income is low.
If you live in England or Wales
If you have evidence of domestic violence, or you want to find a mediator who can help you, contact Civil Legal Advice(previously called Community Legal Advice). They can also tell you if you’re entitled to legal aid and, if you are, will put you in touch with a specialist legal adviser or mediator
If you’re on benefits or have a low income, you may be able to get a discount on court fees.
If you live in Scotland
If you live in Northern Ireland
Other options if you can't afford the costs
If you have to pay your own costs, and you don't have that money to hand, you may consider borrowing. In some cases it is possible to obtain litigation funding, which is a loan specifically to pay legal fees. Only a few providers offer this and many will make the agreement directly with your solicitor's firm. Ask your solicitor or financial adviser for more details.
If your ex-partner is a high earner (and you can't meet these costs yourself from income/savings and are not entitled to public funding) then you may be able to apply to the court for maintenance to include a contribution towards your legal fees while the financial arrangements are being sorted out. In Scotland, while an award of aliment may be used in part to pay for legal fees, it would not be usual to seek those fees in an action for aliment.
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- Source:- https://www.moneyadviceservice.org.uk/en/articles/paying-divorce-costs
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