Increase in the Cost of Divorce

On 30th September 2021, divorce application fees were increased from £550 to £593. This is due to The Court Fees Order 2021, which makes amendments to the Family Proceeding Fees Order. 

In this article, we discuss the divorce application fee, including who pays for it, when it should be paid and what happens when a dispute arises.

What is a divorce application fee?

Divorce application fees are required when one party petitions for a divorce. It is a mandatory requirement of a divorce application form. If you are unable to pay the divorce fee, you can get help through GOV.UK.

Who pays the divorce fees?

The divorce fees are typically paid by the petitioner (the person who files for the divorce) when they submit the application. However, there is a box in the application stating whether the petitioner believes the respondent should in fact pay the fee. While the petitioner must pay the fee to initiate the divorce process, the court may rule that the respondent has to reimburse the petitioner with this fee. This is called a costs order. It is up to the court’s discretion whether they wish to impose a costs order on the respondent.

What should I do if my spouse has asked the court to pay their divorce fees?

If your spouse has requested that a costs order be imposed on you, you should consider your options. 

You should first consider whether you believe this to be a fair request. Remember — if you choose to defend a claim, you’ll end up spending additional money on solicitor/court fees. If you know your spouse has good reason to claim a reimbursement on the divorce fees, then you should consider simply accepting the claim. This may end up saving you money in the long run.

However, if you would like to contest the claim, you must inform the Court of your decision on the Acknowledgement of Service. Your response will be formally recorded once the court receives the document.

If you’re unsure about your options, we recommend seeking a solicitor for legal advice.

When will the Costs Order be made?

The Costs Order will be imposed at the Decree Nisi stage of the divorce process. This is the stage at which the Court confirms that you can get divorced. 

If you’re unsure whether you need to pay the divorce fees, or you feel unable to pay the additional costs, contact your solicitor. Goodwins Family Law Solicitors is here to help you with all the legal aspects of your divorce. Our trained solicitors are specialists in divorce law and will offer advice, guidance and legal representation to help steer you towards a favourable outcome. 

With over 25 years’ experience in London and a high client satisfaction rate, you can trust Goodwins to help you through your divorce.

Contact our team today.