In addition to being emotionally challenging, a divorce can be expensive. There are two crucial types of costs involved with this process: solicitor fees and court fees. Who pays how much of those fees depends on who files for divorce and a mutual agreement.

In some cases, the court may also determine who pays the fees, but that’s only when there is a dispute between the couple. Thus, this article discusses who pays the legal costs of a divorce in the UK and other financial factors.

Who Pays the Court Fees?

At the start of the divorce process, it is the person who files for divorce (also known as the petitioner) who pays the court fees. The court fees include the following:

  • The £550 fee for applying for a divorce.
  • A £50 court fee to apply for a consent order. This order formalises the arrangements agreed upon between the couple and their legal representation once the divorce occurs.

The person applying for the divorce can also make an application for their spouse (i.e., the respondent) pays the court fees. However, this is only possible when it is a fault-based divorce. That is to that say that the respondent committed any of the following during the marriage.

  • Adultery
  • Desertion
  • Unreasonable behaviour

It is highly unlikely for a petitioner to have a respondent pay if the grounds for divorce is separation or is a part of no-fault divorce. Certain petitioners may also be exempt from paying the court fees. Those from low-income backgrounds or those who receive benefits, which may include Income Support, Jobseeker’s Allowance, Universal Credit, and income-related Employment and Support Allowance.

Who Pays Solicitors’ Fees?

When you hire divorce solicitors in the UK, you will have to pay for your own representation. Thus, solicitors can help with various factors, including negotiating the divorce, child arrangements, and financial settlements. The solicitors’ fees can vary on multiple factors, such as the complexity of the financial and family arrangements and whether the divorce is contested.

Determining Who Pays Divorce Fees

Couples can use their legal representation to determine who pays what share of the divorce costs. An agreement allows the court to issue a cost order. Therefore, this order will allow both concerned parties to handle the costs themselves without any more court hearings. As a result, both spouses can save a lot of time and money.

If an agreement cannot be achieved, then the court must resolve the dispute. It can greatly increase the time of getting a divorce and increase the costs as each party will require additional services from their solicitors.

Last Few Words

When it comes to the legal costs of a divorce in the UK, it’s recommended that those going through a divorce agree on how the payments will be made, especially in the case of a no-fault divorce. It will save time and money for all parties.