How much does it cost to get divorced?

In addition to the emotional upheaval of divorce – including concerns about the impact on your children and the uncertainty of a very different future to the one you had always imagined – many divorcing couples are understandably concerned about the financial impact divorce may have.

In fact, one of the most common questions we get asked is whether there is a ballpark or ‘average’ cost for a divorce that clients can expect. Unfortunately, there are so many variables involved in a divorce that it’s very difficult to put a number on exactly how much it might cost you personally.

In this article, however, we will make you aware of some of the most common costs involved in a divorce, including solicitors fees, court fees and the cost of a financial settlement. We’ll also look to compare how much a divorce costs where both parties agree (also known as an uncontested divorce) vs a contentious divorce where litigation may be the only way to get things resolved.

The three steps in a divorce

A divorce is not a singular process; in fact, it is a combination of up to three separate processes, namely:

• Dissolving your marriage
• Making arrangements for your finances
• Dealing with child arrangements.

Each of these processes has different costs associated with it, which will also vary according to whether or not the financial and/or children arrangements are contested.

How much does an uncontested divorce cost?

The introduction of The Divorce, Dissolution and Separation Act (more commonly known as no-fault divorce) has been instrumental in decreasing acrimony during the divorce process by removing the need to assign blame in order to move forward with proceedings

It means that increasingly, separating couples are able to work together to reach an agreement and can even file jointly for divorce, greatly reducing not only the emotional distress of divorce, but also the total cost. Here’s how:

Legal fees

Many solicitors (including our own divorce solicitors at Woodfines) offer a fixed-fee arrangement for helping couples deal with uncontested divorce applications. This is because we can easily predict the level of work involved in dealing with the legalities of a divorce when both parties are in agreement, and charge accordingly.

Some solicitors will also charge a fixed fee for drafting a Financial Remedy Consent Order where a financial settlement is uncontested.

Legal fees tend to mount when disagreements arise, as we will explore later in this article.

Court fees

At the time of writing, the fee to apply for a divorce is £593. This is a standard fee charged by the government to process your divorce and will not change whether the divorce is contested or uncontested.

Meanwhile, applying for an uncontested financial order costs £58.

Financial settlement

Any other costs in an uncontested divorce will relate to the particulars of the financial settlement to which you have both agreed. This might involve:

• Selling a joint property and splitting the proceeds
• The sharing of assets such as investments, pensions and money held in personal or joint bank accounts
• Spousal or child maintenance payments.

How much does a contested divorce cost?

When the parties are unable to come to an agreement, costs for a divorce can mount. This is because there are typically more steps involved in a contested divorce, all of which cost time and money. Let’s take a look at some of the main costs involved in a contested divorce.

Legal fees

Solicitors will not typically offer a fixed-fee arrangement when there are disagreements regarding the financial and/or children arrangements between the parties in a divorce. Instead, divorcing couples will usually be charged an hourly rate. This means that the legal fees involved in contested divorce can be highly variable, and will steadily increase the longer your disagreements continue.

If you decide to take your case to court, you may also have to instruct a barrister to help you argue your case before a judge.

In one 2018 case, which a judge described as “tragic”, a divorcing couple spent over £1 million on legal costs alone – some of which “could have made a very large contribution to the purchase cost of the sort of flat the husband now aspires to buy”.

Of course, this is an extreme example but it does demonstrate how quickly costs can mount during adversarial court proceedings. According to Money Helper, couples face a typical legal fee of £30,000+ (plus VAT) for a financial application that goes all the way to a contested final court hearing.

Court fees

In addition to the £593 fee that any divorcing couple must pay to initiate divorce proceedings, other fees that may be charged in a contested divorce include:

• £303 for a contested Financial Remedy Consent Order (i.e., to have a Judge decide where the parties cannot agree on financial arrangements)
• £255 to issue proceedings under the Children Act 1989 (i.e. to have a Judge decide where the parties cannot agree on child arrangements)

The above costs are correct at the time of writing.

Alternative dispute resolution

There are ways of resolving a contested divorce without having to take it through the court system. These come with fees of their own, but it’s worth noting that these costs will usually be lower than those associated with a protracted battle in the courts.

Mediation

Mediation is an alternative dispute resolution method that involves a professional facilitator called a mediator, whose job it is to help you have a productive discussion and come to an agreement with your ex-spouse. Please note that a mediator cannot give legal advice, so it is always recommended to have a solicitor on hand; however, a mediator can help reduce your legal costs by helping you arrive at a mutually agreeable solution as quickly as possible. Mediators usually charge an hourly rate (£140 per person per hour on average, according to the Family Mediation Council) and couples will typically have three or four sessions.

Collaborative law

Under this approach, each party appoints their own collaboratively trained lawyer and all four of you will meet in a series of face to face meetings to come to an agreement. Both sides will sign an agreement to say they are committed to resolving their issues without going to court, meaning that you will have to appoint another solicitor if negotiations break down and you decide to move forward with litigation. Most divorcing couples will want to avoid two sets of legal fees, so a collaborative approach can offer a significant incentive to both parties to reach an agreement!

Arbitration

Arbitration is essentially like a court hearing held privately outside of the court system. An independent judge (or arbitrator) will listen to your arguments and hand down a legally binding decision on your financial and child arrangements. According to the Institute of Family Law Arbitrators, this can sometimes be done on a fixed-fee basis, while other arbitrators will charge an hourly fee.

Should I save money with a ‘DIY’ divorce?

With the divorce process now taking place via the government’s online portal, and no-fault divorce meaning that couples are no longer required to play the ‘blame game’ in order to get divorced, many people are (very understandably) wondering whether they even need to instruct a solicitor to support them with their divorce.

Whilst – as solicitors ourselves – we are obviously going to advocate for divorce supported by a legal professional, this view comes more from our understanding of the risks of a DIY approach than any monetary considerations.

The main reason we think instructing a legal professional on your divorce is a good idea is because of the risk of mistakes or oversights when people go it alone. Even if you are in broad agreement with your ex-spouse, you risk accepting a disadvantageous settlement or making mistakes in your application that could come back to bite you later down the line.

An expert family law solicitor will also be able to advise you on what a fair financial settlement looks like for you, ensure that any child arrangements are in your child’s best interests and make you aware of any aspects of your divorce that you may not have considered or been aware of. All in all, a good family law solicitor will ensure you walk away from your divorce in the best possible position, without the risk of future disagreements or claims.

At Woodfines Solicitors, our Family Law team has the expertise to advise you on your divorce, no matter how complex or contentious it may be. We are aware that many divorcing couples are concerned about legal costs; we will always ensure that you understand what you will be paying up front, providing regular cost updates and ensuring that we work efficiently and with care to keep fees down as much as is humanly possible.

To see how we can help with your divorce or separation, please give us a call on 0344 967 2505 email familylaw@woodfines.co.uk.