When it comes to the question of who pays for divorce in the UK, in general, each person will pay their own court and solicitor fees. However, in rare circumstances, the court may order that the costs of a divorce be split equally or for one party to be solely responsible.
Who pays the court fees for a divorce in the UK?
Generally, it is the person who files for divorce (also known as the “petitioner”) who pays the application and court fees for the divorce. Unless a court order is issued or a separate agreement is reached, the person who is being divorced (also known as “respondent”) is not expected to pay for the court fees.
Under the no-fault divorce process, it is possible to make a sole or joint application for divorce. Where a joint application for divorce is made, it is still the person who submits the application form online who is expected to pay (i.e. applicant 1). Both joint applicants may come to an informal arrangement between themselves to split the court fees.
Who pays solicitors fees in a divorce in the UK (petitioner or respondent)?
Both the petitioner and respondent are responsible for their own individual solicitors’ fees. Before the introduction of no-fault divorce in April 2022, there were no fixed rules regarding who should pay any legal costs. In some cases, the courts would issue a costs order requiring the party at ‘blame’ to cover any solicitor fees. However, under the newer rules since April 2022, the courts will not normally consider a costs order unless there is clear evidence of misconduct by one party during the divorce process.
Recovering divorce costs from respondent
As explained above, in some circumstances, it is possible to recover divorce costs from the respondent, including the application fee and any solicitor costs. In general, costs orders in no-fault divorce are typically seen as being at odds with no-fault divorce, which was introduced in April 2022 specifically to reduce animosity between separating parties. In general, the courts now discourage divorce costs orders. In most cases, if the divorce application has not been disputed and the parties have behaved reasonably, a costs order should not be considered. For this reason, it is always advisable, where possible, for both parties to try to reach an agreement on divorce fees and costs before filing a divorce to reduce costs on both sides.
If attempts at reaching a mutual agreement are not successful, a costs order can be requested from the courts. A costs order for divorce costs should only be considered if there is clear evidence of misconduct during the divorce proceedings by the respondent. This may be the case, for example, if they deliberately evaded service of the proceedings, which led to increased costs. If you wish to apply for a costs order, this must be done no later than the application for a conditional order.
When assessing a costs order, the courts will be mainly focused on the grounds for making the application – e.g. the conduct of the respondent during the divorce proceedings.
Recovering divorce costs in the era of no-fault divorce is rarely straightforward. If you are considering recovering the costs of divorce from your ex-spouse, our experienced divorce lawyers will be glad to discuss your case and advise on the best course of action.
Divorce costs in the UK
In the UK, the current cost of making a divorce application is £593 for court fees. If you require expert advice and guidance from a divorce lawyer, legal costs range from £1,000 to £5,000 on average. Other costs may include:
- Mediation Information and Assessment Meetings (MIAM): £90 per person.
- Forensic accountant – If forensic accounting expertise is needed in a divorce settlement case (e.g. if one party has failed to fully disclose their financial assets), the costs of a forensic accountant ranges from £100 to £500 per hour.
