Like all legal proceedings, divorce can be expensive. But following the changes in the law that allow for ‘no fault’ divorce, the question of who pays the legal fees in a divorce has become slightly less contentious.
Before April 2023, if you wanted to apply for a divorce, you had to either find a fault with your spouse or wait for two years separation before you could apply. If a couple wanted to divorce quickly, it meant that they had to find a reason, which was usually either unreasonable behaviour or adultery. It was common for couples who were divorcing on the grounds of adultery or unreasonable behaviour to apply for an order for the respondent (the other party) to pay the divorce costs, or to contribute towards them. It was less common for people divorcing after a period of separation to apply for a costs order.
How does no-fault divorce affect who pays the legal fees in a divorce?
The introduction of no-fault divorce makes the position much clearer. It’s normal for the person starting the divorce, the applicant, to pay the court fee. Courts don’t usually make the other party pay towards the divorce costs as standard, and so it’ll be up to you and your spouse to decide who will be responsible for the legal fees in a divorce.
If the petition is joint, the court fee is always paid by the first applicant when they make the application for a divorce petition. In many cases, although the applicant will pay the court fee up front, the parties agree to split the court fees between them.
How much can I expect to pay for a divorce?
To start the divorce process, you’ll need to fill in the divorce petition application and send it your nearest regional divorce centre to get the petition issued. The fee to start divorce proceedings is currently £593.
The total costs of a divorce are variable, depending on whether your family law specialist works on an hourly rate or agreed fees. Gillbanks Family Law offers both options, whichever suits you, and this means that if you’re the applicant, the fees you can expect to pay vary from £500 + VAT and disbursements (the costs that we have to pay out on your behalf, such as applications to the court) to £850 + VAT and disbursements.
If you’re the respondent in a divorce petition, the fees vary too. This depends again on the option you choose, but ranges from £300 + VAT and disbursements to £500 + VAT and disbursements. If you choose hourly rates, our invoices will be generated on a monthly basis or as when needed, whereas an agreed fee will be payable upfront in one go.
Can I get help with divorce costs?
If you are on a low income or are receive some state benefits, you may be able to apply to get help with your divorce court fees. You’ll need to be in receipt of:
- income-based Jobseeker’s Allowance (JSA)
- income-related Employment and Support Allowance (ESA)
- Income Support
- Universal Credit (and earning less than £6,000 a year)
- Pension Credit (Guarantee Credit)
Eligibility also depends on how much money you have in savings and any other income, including anything you earn before tax and any other regular payments you receive. Contact us at Gillbanks Family Law if you’re not sure whether you qualify.
If you have any questions about who pays the legal fees in a divorce, or whether you’re entitled to any help, contact the family law specialists at Gillbanks Family Law and we’ll be delighted to help.