Divorce can be a fairly straightforward process if both parties accept that their marriage has come to an end and they wish to formalise their separation.
However, there is a question of the costs and who’s responsible for paying them. Over the years, this has been a key question our family law team has fielded thousands of times. So, to help, we’ve written this explainer.
What costs are involved in a divorce?
Before we go any further, it’s useful to understand what costs are incurred through the divorce process.
Here’s a quick summary:
- Application Fee: Submitting a divorce application incurs a court fee. As of 2024, the fee is £593, although it’s worth checking the government website in case it changes.
- Other Court Fees: Additional court fees may arise. For example, if you reach an agreement on a financial settlement and wish to record the terms of the agreement in a Consent Order, you can make those terms legally binding by seeking court approval, which costs £58. If you can’t agree, you can ask the court to decide, although it comes at a much heftier cost of £303.
- Legal Fees: Both parties usually hire solicitors to handle their divorce. The legal costs of a solicitor can vary significantly depending on the lawyer’s experience and location. An uncontested divorce might cost a few hundred to a few thousand pounds, while a contested divorce, which involves negotiations or court appearances, can be much more expensive.
- Mediation Costs: In a divorce, mediation outside of court is often encouraged to resolve disputes and come to an agreement on matters like child arrangements. While it is generally much cheaper than court proceedings, the costs can still add up.
- Other Costs: While the costs outlined above are typical in every divorce, there can be other, more bespoke costs based on the couple’s circumstances. For example, if the divorce involves a pension-sharing order, additional legal and administrative costs may apply for implementing the order with the pension provider. Or, if there are significant assets such as property, businesses, or valuable collections, professional valuations may be required.
So, who pays for a divorce?
As you can see, there are various costs associated with a divorce. This can make it tricky to understand who is responsible for what, so let’s break it down.
Who pays the application fee?
The person who submits the divorce petition (the “petitioner”) pays the application fee of £593 to the court.
This fee is mandatory, although there are potential reductions and exemptions available based on the petitioner’s financial circumstances. For example, if you receive benefits or a low income.
However, there is now an option to make a joint application. In a joint application, both partners agree that a divorce is the right course of action. Under this arrangement, the person named as Application 1 pays the fee, but such a couple will often informally agree to split it (so each party pays half).
Who pays for other court fees?
For a consent order, where both parties agree to the terms, the cost of applying for court approval (£58) is generally split between both parties.
In cases where the parties cannot agree on terms, one party may ask the court to decide for them and impose a legally binding financial order. The applicant bears the cost of the fee (£303).
However, the court has the discretion to make a costs order. This means the judge could potentially order one party to contribute to the other’s legal costs, including the application fee, depending on the conduct of the parties and the circumstances of the case.
For example, if one party has acted unreasonably, leading to unnecessary litigation, the court might order that party to pay some or all of the other party’s legal costs.
That said, such orders are rare. Typically, each party is expected to cover their own costs unless there’s a compelling reason for the court to rule otherwise.
Who pays for the legal fees?
This one is simple. In short, each party is expected to cover their own legal fees.
In cases where there is tension, or one partner feels like the actions of the other partner led to the divorce, we’re often asked, “Can I claim my solicitor’s costs?”.
Under the new no-fault divorce system introduced in April 2022, there is less emphasis on “blame” in divorce proceedings, which has made it less common for courts to award costs to one party. This shift means that it is unlikely that you can recover solicitor’s fees unless there are exceptional circumstances.
However, if you and your spouse reach an agreement on how to divide the costs, you may be able to include solicitor’s fees as part of your financial settlement. This is typically negotiated as part of the overall division of assets and liabilities.
Each case is unique so it’s worth discussing this with an expert divorce solicitor early in the process to understand your options.
Who pays for mediation?
Similar to the divorce legal fees, each party is expected to cover their costs when it comes to mediation.
Generally, this is well worth the cost. The average cost of a successful mediation is £1,641, according to a survey by the Family Mediation Council. In comparison, a contested divorce can be tens of thousands of pounds, especially if there’s a child custody dispute.
Keep in mind, there is a government-backed voucher scheme, where parties can claim up to £500 off the cost of mediation.
Learn more about the benefits of family mediation in divorce.
Who pays for other costs?
As other costs are largely bespoke to the circumstances of the couple, it’s hard to say who pays for them.
The cost of services, like a valuation of a business or property, is typically borne by the party who commissions the service. That said, in cases involving significant assets or complex financial arrangements, parties might agree in advance on how to share the costs of necessary services, either through negotiation or mediation.
Summary of costs
| Cost Category | Description | Who Pays? |
|---|---|---|
| Application Fee | The initial fee for submitting a divorce application. (£593 as of 2024) | The petitioner (Applicant 1 in joint applications), though couples may agree to split the cost. |
| Consent Order Fee | Fee for applying to make a financial agreement legally binding. (£58) | Typically split between both parties if they agree on the terms. |
| Financial Order Fee | Fee for applying for a court-imposed financial order when there is no agreement. (£303) | The applicant pays, but the court may order one party to contribute to the other’s costs. |
| Legal Fees | Solicitor’s fees for handling the divorce. | Each party usually covers their own legal fees, unless agreed otherwise or ordered by the court. |
| Mediation Costs | Fees for mediation to resolve disputes out of court. | Each party generally covers their own mediation costs. |
| Other Costs | Costs such as valuations of assets (e.g., property, businesses). | Typically borne by the party who commissions the service, though costs may be split by agreement. |
| Claiming Solicitor’s Costs | Possibility of claiming solicitor’s costs from the other party. | Unlikely under no-fault divorce unless there are exceptional circumstances or by mutual agreement. |
How have things changed?
In the past, divorces in the UK were often “fault-based”. This meant one party had to cite reasons, such as unreasonable behaviour or adultery, as the cause for the breakdown of the marriage. This system allowed the petitioner, the person filing for divorce, to seek some or all of their costs from the respondent, including the court fee (which was £550 at the time) and a set amount for solicitor’s costs.
In many cases, even under the old system, separating couples would collaborate to agree on the wording of the petition and how the costs should be divided. This cooperation often led to more amicable resolutions and a fairer distribution of costs.
In situations where the relationship was less amicable, the petitioner could seek to recover all of their divorce costs from the respondent. If the parties could not reach an agreement, the court would likely order the respondent to reimburse the petitioner’s costs.
However, with the introduction of the no-fault divorce system in April 2022, this approach has shifted. The no-fault system eliminates the need to assign blame for the marriage breakdown, making the process less adversarial. As a result, it is now less common for courts to order one party to pay the other’s divorce costs, including solicitor’s fees.
This change reflects the broader goal of the no-fault system: to reduce conflict and encourage a more amicable and cooperative approach to divorce, ultimately making the process smoother and less stressful for everyone involved.
What’s the deal with legal aid?
Legal aid is a form of financial assistance provided by the UK government to help cover legal costs for those who cannot afford legal representation.
To qualify, you must pass a financial means test. The test assesses your income and savings to determine if you are eligible for assistance.
Unfortunately, when it comes to divorce in the UK, access to legal aid has become increasingly limited over the years. In fact, in most divorce cases, legal aid is no longer available.
However, there are still certain situations where you might be eligible:
- Domestic Abuse: If you are a victim of domestic abuse, you may be eligible for legal aid to help cover the costs of obtaining a divorce. You will need to provide evidence of the abuse, such as a court order, a letter from your GP, or a report from the police.
- Child Welfare Issues: Legal aid may also be available if the divorce involves issues that pose a significant risk to the welfare of a child.
- Mediation: Legal aid is still available to cover the costs of family mediation in some cases. Mediation can be a less costly and more amicable way to resolve disputes over finances, property, or child arrangements without going to court. If you qualify for legal aid, it may cover the initial Mediation Information and Assessment Meeting (MIAM) and subsequent mediation sessions.
How we can help
If you are filing for a divorce or you are in receipt of divorce papers and would like further advice, our expert team is here to help.
Please call us on 0161 969 3131, or fill in our contact form and we will be in touch.