What is the Cost of a Divorce in England and Wales?
One of the first questions clients ask when they instruct one of our Family Law Solicitors is, “How much is my divorce going to cost?”. Unfortunately, it is almost impossible to provide an exact figure, especially if you and your spouse have children and substantial property and assets. How much a divorce costs in England and Wales will also depend on whether it is uncontested or contested.
What we can say is that as a fully regulated law firm, Guillaumes must be transparent regarding divorce costs. Fee transparency is also one of our core values and something everyone in our firm is conscious of. So, although we cannot tell you exactly how much your divorce will cost, we can give you a general idea as to the average cost of divorce in England and Wales, and the type of fees you can expect.
Who pays the cost of the divorce in England and Wales?
Whoever is applying for the divorce (known as the petitioner) will be responsible for paying the court fees, unless otherwise agreed. Under the Divorce, Dissolution, and Separation Act 2022, parties can make a joint petition, and in these cases, the cost is split between them.
There can also be instances where the petitioner can include a claim in the divorce application that orders the other party to pay the cost, but this order is at the discretion of the court.
What does a Divorce Law Solicitor Charge?
If you and your spouse can agree amicably on all issues concerning how to divide matrimonial property and assets, as well as arrangements for your children, your Solicitor may be able to offer a fixed fee for their advice and representation. This is typically between £1,000 to £2,000 (excluding VAT).
In most cases, however, divorcing couples have one or more disputes regarding the financial settlement or arrangements for their children that need to be worked through. These types of divorces, known as a contested divorce, can be profoundly complex and require a great deal of resources. Tolstoy, who was a genius regarding the human condition, was right when he said “All happy families are alike; each unhappy family is unhappy in its own way”.¹ In a contested divorce, your Family Law Solicitor will charge an hourly rate, which will be discussed with you in your initial meetings.
¹The opening sentence of Anna Karenina.
How much does the Court charge for a divorce in England and Wales?
You will need to pay a £593 fee to file a divorce application in England and Wales.
You will also need to pay £58 to have the Family Court approve the financial order agreed by you and your spouse. This ensures that how you have both decided to split your money, property, furniture, and pensions is legally binding, and neither one of you can make a further claim against the other spouse in the future.
Do I have to pay for family mediation?
If you and your spouse need help with reaching an agreement concerning your divorce financial settlement and/or arrangements for your children, mediation can provide a safe, calm structure and setting to help you find a resolution. Mediation is unique for everyone so the amount of sessions you need can vary, which may also impact the overall cost of your divorce in England and Wales.
Mediation costs between £150 to £300 per hour, and most couples need between one and five sessions. The process is not only far cheaper than litigation which can lower the average cost of divorce in England and Wales, but the setting is more relaxed, and the focus is on reaching a resolution that is a win-win for everyone. For this reason, the family law system in England encourages people to resolve family law disputes through mediation. Therefore, unless you are exempt, you will need to attend a Mediation Information and Assessment Meeting (MIAM) before being given leave to apply to the Court so a judge can make a decision on your dispute/s.
At a MIAM you will be greeted by a Mediator who will explain what mediation is, how it works, and the type of disputes that can be resolved through mediation. During the MIAM the Mediator will carefully assess whether mediation is a suitable method for helping you and your spouse reach a resolution.
A MIAM costs in the region of £95-£120 per person.
How can I minimise the cost of my divorce in England and Wales?
The best thing you can do to reduce the cost of your divorce is for you and your spouse to agree on as many matters as possible between yourselves. In some cases, for example, where one of the spouses is a narcissist, or there is a history of physical and sexual abuse, or coercive control within the relationship, this will not be easy. But in many cases, couples will enter into bitter arguments over who owns a particular piece of furniture or a vehicle and the cost of reaching an agreement far outweighs the value of the item being fought over.
As a member of Resolution, our Divorce Law Solicitors are committed to helping couples work out their financial settlement and arrangements for their children in a non-confrontational, respectful way, with minimum paperwork. This not only keeps the average cost of a divorce down, it reduces long-term animosity and, in the best situations, helps couples learn to talk to each other and resolve matters as friends.
For more information about divorce, take a look at our latest news section, where you can find recent articles including:
Guillaumes LLP Solicitors is a full-service law firm based in Weybridge, Surrey. Our highly experienced family law team can assist you with all relationship matters. To make an appointment, please call us on 01932 840 111 or get in touch online with any questions you have about how much a divorce costs in England and Wales.