Who Pays Legal Fees in Divorce?
General Rule: Each Spouse Pays Their Own Costs
Typically, each party to the divorce is responsible for their own legal fees. The cost of the divorce includes:
- Court Fee (currently £593)
- Solicitors’ Fees for negotiating any financial and child arrangements, if instructed
If the application is sole, the applicant must pay the £593 court fee. If it’s a joint application, “applicant 1” will cover that fee.
FAQs About Divorce Fees
Are there other costs to factor in?
Yes. In addition to court fees, legal expenses can arise from negotiating a financial settlement and child arrangements. The overall cost will depend on:
- Complexity of Finances & Child Arrangements
- Willingness of Both Parties to Negotiate
- Whether any contentious issues require additional legal or court work
While it’s possible to request a costs order in certain situations, the court may or may not award it. Typically, each spouse covers their own solicitor fees.
How can we finalise a settlement?
Should you and your spouse come to an agreement, we recommend formalising it in a consent order. The court fee for submitting a consent order is £59, often split between both parties.
How do I pay the legal fees?
- Court Filing Fee: The spouse initiating the divorce application pays £593 at the time of filing. This is non-refundable, regardless of how you apply.
- Solicitors’ Fees: Each party usually pays their own. Costs vary depending on your solicitor’s hourly rate or any fixed-fee arrangement, and the complexity of the case.
Need More Advice?
If you have questions about divorce fees, general divorce issues, or family law matters, contact HM & Co. Solicitors.
HM & Co. Solicitors
186 Lower Road
Surrey Quays
London SE16 2UN
Telephone: 02071128180
Email: info@hmsolicitorsltd.com
Call us today, fill in our online enquiry form, or request a callback at a convenient time for you. We’re here to help you navigate the divorce process with confidence and clarity.
Your Questions, Answered
FAQs
FAQs About Divorce Court Costs and Legal Fees
Can the applicant claim the divorce court costs from the other party?
Q: If I’m the applicant (or joint applicant), can I ask the respondent to cover my costs? A: Yes. You can request the court to order the respondent to pay your legal fees for the divorce, to share them equally, or at least split the court fee. However, you must submit a separate application to the court for a costs order, and this is relatively uncommon.
If you’re on a low income or receiving certain state benefits (e.g. Jobseeker’s Allowance, Income Support, Universal Credit), you may apply for help with fees by completing Form EX160 (Apply for help with fees). Speak to a HM & Co. Solicitors lawyer if you need guidance in finding or filling in this form.
Does a respondent have to pay divorce court costs?
Q: If the court orders the respondent to pay, must they comply? A: Yes. If a costs order is granted, the respondent is legally obliged to pay. Failure to comply can lead to enforcement proceedings. To avoid delays or increased legal fees, it’s strongly advised to agree on costs before filing the divorce application.
Typically, the majority of divorces proceed undefended, so no court attendance is required for the divorce aspect. However, disputes over costs can lead to extra court appearances and potential additional expenses, especially if complications arise (e.g. the respondent failing to submit the Acknowledgement of Service on time).
Can I get help with legal fees for a divorce?
Q: Does the government offer support for divorce legal fees? A: Legal aid may be available in limited circumstances, such as:
- Mediation
- Recent domestic abuse (within the last five years)
- Risk of homelessness
HM & Co. Solicitors does not hold a contract with the Legal Aid Agency and, therefore, cannot provide legal aid services to our clients. For more details, read our guidance on legal aid or speak to a solicitor about options.
Is it advisable to claim divorce court costs from my spouse, or could it delay the process?
Q: Will seeking costs cause problems or slow everything down? A: If the respondent disagrees about covering costs, this can create disputes, raising costs and prolonging the divorce. The best approach is to reach an agreement on fees before applying to the court, reducing the possibility of the respondent contesting costs later on.
Can I deduct divorce legal fees from my taxes?
Q: Are solicitors’ fees for divorce tax-deductible? A: Generally, no. Legal fees for divorce are not tax-deductible except in very specific circumstances. This falls outside our usual remit—please consult your accountant for a fuller explanation of any potential tax implications.
Need Further Advice?
For help with divorce costs, fees, or any related family law matters, HM & Co. Solicitors is here to guide you.
HM & Co. Solicitors
186 Lower Road
Surrey Quays
London SE16 2UN
Telephone: 02071128180
Email: info@hmsolicitorsltd.com
Speak to our specialist lawyers for clear, tailored advice on keeping divorce costs manageable and avoiding unnecessary delays.
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