Who Pays For A Divorce?

In England and Wales, the divorce law changed in April 2022 with the introduction of the no-fault divorce. This means couples wanting to separate do not have to assign blame to one of the parties. However, even though the procedure is simpler, questions surrounding who pays for the divorce procedure remain.

The Basic Divorce Fee

As a rule, in England and Wales, the person applying for the divorce must pay a court fee of £593. However, if the applicant is on a low income, they can apply to the Help with Fees scheme to reduce the court fees.

Sole Application vs Joint Application

The answer to the question of who pays for a divorce also depends on whether it is a joint application.

If it is a sole application, as a rule, the applicant is the one who pays the court fees. However, they can ask the respondent to contribute. In the case of a joint application, the couple can agree to split the divorce payment equally.

However, as a rule, the person listed as "applicant 1" pays the divorce fees. Therefore, both parties must agree on who pays before filing their application. Depending on circumstances, they may decide to split the court fees evenly, or they can also reach an agreement independently.

If the couple reaches an agreement regarding the payment of court fees, we recommend that they put it in writing. It may even be necessary to consult with a family solicitor, such as Eatons Solicitors, to write it up.

Can You Claim the Divorce Costs from Your Spouse?

Under the previous divorce laws, the applicant could ask for a Costs Order. This is a court decision that directs one party to pay the other party's legal costs. However, in England and Wales, since the introduction of the no-fault divorce law, it is a much less common occurrence.

Whilst it remains possible for the applicant to ask for a Costs Order, they are only used in cases of misconduct. For example, failing to cooperate or deliberately delaying procedures.

Legal Fees - Who Pays for What?

During divorce proceedings, legal representation is optional. That is why each party is typically responsible for their own legal costs. But both parties might want to reach an agreement in advance of the application being made as to who is to be responsible for legal costs and or the court fee.

However, thefamily law team at Eatons Solicitors advises clients to agree on terms early to avoid disputes. Having a family solicitor on your side makes the process smoother, pain-free and takes the pressure off you.

Getting Legal Advice is Key

Getting a divorce is complicated for all parties involved. That is why speaking to a family law solicitor will help smooth the process, especially when it comes to arranging who pays for the divorce. The team at Eatons Solicitors has the necessary knowledge and experience to talk you through the whole procedure.