FAQ: Who pays the legal fees in a court settlement?

The party that applies for divorce is known as the ‘petitioner’. The remaining party is known as the ‘respondent’.

Typically, both the petitioner and the respondent are required to pay their own legal fees. The cost of legal fees varies by case. You will need to liaise with your own solicitor to identify your legal fees.

In addition, the petitioner is responsible for covering the cost of the preparation and submission of the divorce paperwork, along with the court fees and the costs involved with obtaining legal advice. 

The court fee to apply for a divorce is £550. If you wish to obtain a legally-binding financial order in addition to the divorce, the petitioner will need to pay a further £50.

However, the petitioner can make a claim for their costs to be paid by the respondent if they feel that the respondent was responsible for the breakdown of the marriage. The petitioner has a right to seek a claim for costs against the respondent for any of the following reasons:

• The respondent committed adultery.
• The respondent behaved unreasonably in the marriage.
• The respondent deserted the petitioner.

The result of the claim will be determined on a case-by-case basis.

Needing some professional advice on your divorce proceedings? You can contact Goodwins Family Law today to book an initial fixed fee consultation for a confidential discussion and we’ll be happy to help. We are situated in Harrow, London, with on site car parking and accessible from public transport links. Alternatively, if you are overseas we possess the capabilities to arrange a Skype call with you if it is more convenient.