How much does a divorce cost? Your guide to divorce fees

Getting a divorce can feel stressful and emotional, with lots of things to consider. If you’re considering it, you may be wondering, how much does a divorce cost? 

A divorce consists of two separate parts: the divorce itself, and financial arrangements. If you have children, you need to think about arrangements for them and their care, too. Most divorcing couples come to an agreement about these matters without going to court. Each part of the divorce comes with different fees. There are also solicitors fees for divorce if you need legal assistance – which is often recommended. 

No two divorce cases are the same, so the costs may differ depending on your situation. This article outlines what divorce costs you can typically expect, so that you can be better informed and feel more confident about your plans and choices.

How much does a divorce cost?

There are a few different divorce costs to take into account. These can be broadly split into two categories: court fees and solicitors’ fees. Let’s take a closer look:

Court fees for divorce

When you apply for a divorce, you must pay a court fee of £593. The cost of getting a divorce is the same whether you apply together or by yourself. No-fault divorces, introduced in the UK in April 2022, allow for joint divorce applications.

For some straightforward cases, this is the only court fee you will pay for your divorce. However, if you need a child arrangements order, financial order, or consent order, there will be some other court fees to pay:

Court costs for child arrangements orders

The court grants a child arrangements order when divorcing parents can’t agree on arrangements for their child or children. The order will specify the child’s place of residence, when and where they will see each parent, and other terms of contact.

If you need one, the court fee for a child arrangements order application is £232.

Court costs for financial orders

A financial order outlines how to split assets in a divorce. Assets can include property, pensions, savings, and investments. It can also detail the payment of maintenance, including child maintenance, and is legally binding. These orders are typically only needed when the divorcing parties couple agree on financial arrangements for after the divorce.

If you require one, the court fee for a financial order is £275.

Court costs for consent orders

Consent orders are used to make financial arrangements in a divorce legally binding. They differ from financial orders as you need to come to a voluntary agreement by yourself or with the help of a mediator. the consent order is there to make this agreement legally binding to ensure that neither party can change their mind about the agreement in the future. 

If you require one, the court fee for a consent order is £53. 

Solicitors’ fees for divorce 

If you’re getting divorced, the second set of fees you’ll need to consider is legal fees. There are many reasons why you may want to enlist the services of a solicitor in your divorce, for example:

• They have the knowledge and expertise to guide you through an unfamiliar process and help ensure you are filling out everything correctly and can get the best possible outcome for you and your family.
• They can communicate with your ex-partner so you don’t have to if communication between you has broken down.
• They can help you deal with financial arrangements to ensure that they are fair.
• If your divorce case goes to court, they can represent you and your best interests.
• Some solicitors also offer mediation services to help divorcing couples resolve disputes without having to go to court.

So, how much are solicitors fees for divorce? The truth is that they can vary depending on the complexity of the case, how much time and expertise is required, and level of experience of your solicitor.

Across the industry, typical fees usually look something like this:

• Around £500 – £1500 plus VAT for the actual divorce proceedings, depending on the expertise of the solicitor, your area, and how much time it takes.
• Solicitors fees for financial orders can start from around £400, rising to the region of £5000 plus VAT depending on how complex they are. For example:
• For a straightforward financial order, average costs typically start at £400 plus VAT. This involves the solicitor drafting a Financial Remedy Consent Order for the court to approve.
• Complex financial settlements can be more expensive as they take more time and can involve negotiation and mediation outside of court. This comes at an extra cost. Solicitors fees in these situations typically start at £3000 plus VAT, but can rise depending on the number of mediation sessions needed.
• If you fail to reach an agreement and have go to court, solicitors fees will rise rapidly, typically starting at £15,000 to £30,000 plus VAT, especially if the divorce is contested. For this reason, it is advised to reach a settlement outside of court wherever possible.
• Free initial consultations may be available to help give you a better understanding of solicitors fees for divorce before you begin the process.
• Most family law solicitors will operate with an hourly rate rather than a fixed fee.

If you’re looking for a specialist divorce solicitor or mediator, Setfords are here to help. Click here to get in touch and discuss your needs:

How much does a divorce cost with mediation?

Mediation is a great option for divorcing couples who are struggling to come to an agreement on their own, but want to avoid going to court. During mediation, a trained mediator will act as an impartial third party to help you come to an agreement over important decisions regarding finances, children, and other factors.

Mediation is a good way to reduce the cost of divorce if you’re heading towards court. It can help you resolve any disputes without going to court, which can involve costly solicitors and court fees. The cost of mediation can vary depending on the experience on the mediator and the number of sessions you need. The first session is usually called a Mediation Information and Assessment Meeting (MIAM), where you can discuss the issues that need to be resolved and the mediator will give you more information about the process.

At Setfords, many of our family lawyers are also trained mediators. Click the button below for more information.

How much does a divorce cost if both parties agree?

Since April 2022, ‘no-fault’ divorces have been available in the UK. This allows both people to jointly file for divorce, and one does not need to ‘blame’ the other. Beforehand, only one party could file for divorce, and a reason had to be given for the breakdown of the marriage, such as adultery or unreasonable behaviour. 

Whether both parties agree or not, the basic cost of a divorce remains the same, regardless of whether if it has been filed jointly or by only one person. This includes the court fee of £593 that must be paid for any divorce.

However, if both parties agree, a divorce usually ends up far cheaper. The two main areas where you can save include:

• If you can decide on arrangements for finances and children outside of court, you won’t need to pay the court fee for child arrangements order, fianancial order, or consent order. However, it’s recommended to consult with a solicitor to ensure any arrangements you make protect your interests.
• If you are divorcing amicably, you can save on solicitors and mediation fees by coming to an agreement without requiring their assistance.

Overall, a divorce where both parties agree costs at least £593, but can become more expensive if you need to consult with a mediator, solicitor, or get a court order.

How much does a divorce cost if it goes to court on the UK?

Going to court as part of a divorce is fairly rare in the UK. It’s typically seen as a last resort for divorcing couples who cannot come to an agreement in any other way, including mediation.

As a result, the cost of a divorce if it goes to court is far more expensive than an amicable divorce that happens outside of court. The two main fees you’ll have to consider are:

• Solicitors fees and mediation fees to help you come to a decision. Your solicitor will also have to spend time gathering documentation and potentially even expert witnesses, which can be time consuming and lead to higher costs.
• You’ll have to pay for court fees beyond the £593 fee that is charged for all divorces. This includes fees for child arrangement orders, financial orders, and consent orders where the court makes a decision on matters for you, which are legally binding.

Overall, divorce court fees and solicitors fees can quickly add up, so it’s generally recommended to try and come to an amicable decision on matters outside of court where appropriate.

Who pays divorce court fees and legal fees?

Each party will typically cover their own legal fees. When it comes to court fees for divorce, the applicant (person who applies for the divorce) typically pays. In a joint application, applicant 1 will pay. However, where the divorce is amicable, both parties may come to an agreement to share the cost of the divorce court fees between them.

Can I claim for divorce court fees?

If you are the applicant, you may be wondering if you can claim the cost of the court costs for divorce from the other party. You can ask the family courts to order that costs are shared. But, this can’t be done as part of the divorce proceedings. A separate costs order must be applied for, which can be long-winded and costly. For this reason, it is quite rare, and divorcing couples are strongly encouraged to try and come to an agreement without the need for a costs order.

Are fees the same for the dissolution of a civil partnership?

Yes, the court fee for dissolving a civil partnership currently stands at £593. Other costs, for example solicitors’ fees, will also be the same for dissolution proceedings as they are for a divorce. Find out more about the difference between divorce and dissolution by clicking here.

Are divorce costs tax deductible?

No, in the vast majority of cases, fees (both legal fees and court fees) are not tax deductible. An accountant will be able to provide advice for your specific situation.

Is an uncontested divorce cheaper?

No. Since the introduction of no-fault divorces, the vast majority can be considered uncontested. The same court fees apply. However, solicitors’ fees are likely to be lower if you can quickly come to an agreement about financial and children matters outside of court.