Who Pays for Divorce?
27 April 2016
This is a question that lots of people ask our Divorce Solicitors and the answer is that it depends.
Usually the person who starts divorce proceedings will be the one to pay the Court fees to start the divorce. If you are on a low income you might get help with the Court fees. You can find out more on HM Courts and Tribunals Service website. You can search for the Guide using the form number - EX160A.
However, once you receive the paperwork from the Court, you have a number of options. If you want to agree with the divorce, you complete the paperwork and send it back and you won’t need to pay anything towards the Court fees.
But if you don’t agree with the divorce, you need to complete the paperwork which asks you why you are defending the divorce. Once you have done this, you will need to send it back with A Court fee. You could get help with the Court fee in some circumstances. Look for the Guide using EX160A on the HM Courts and Tribunals Service website.
Your final option is to start divorce proceedings yourself. If you decide to do this, you must pay the court fee and file the correct forms with the Court.
The details above clearly sets out the Court fees payable in all circumstances when you get divorced. This does not cover Solicitor’s fees though. Getting legal advice from a Divorce Solicitor before you start divorce proceedings will help you to be clear about your options and your rights.
Using a Divorce Solicitor vs DIY Divorce
There are many different approaches to getting a divorce. Some people manage the divorce without the help of a Divorce Solicitor. This means they avoid paying any additional legal costs other than those required by the Court.
Even if you decide to go ahead with a DIY Divorce, there may be elements of your divorce that you would like a specialist Divorce Solicitor to help you with.
Alternatively, you can ask a Divorce Solicitor to help you with all aspects of your divorce. This could be unavoidable if your divorce is acrimonious and you cannot reach agreement about some of the issues you need to agree on.
Divorce Financial Arrangements
A specialist Divorce Solicitor can also help you to understand the financial aspects of your divorce.
The financial aspects of your divorce are not included in the divorce process. However, it makes sense to get legal advice from an expert Divorce Solicitor about divorce money matters. Dividing your financial assets after many years of marriage can be a difficult process and understanding the legal aspects of dividing assets after a divorce can be even harder.
It can be easy to forget some of the important and valuable assets such as pensions and pension division can be complicated.
Where you don’t get legal advice from a Divorce Solicitor, you could find that you don’t get a good divorce settlement. Once the settlement is agreed by the Court, there is no going back so getting divorce legal advice early is very important.
Arrangement about the care of your children and access arrangements are not included in a divorce. It is important that you make arrangements about your children. You can do this with an informal arrangement but you may find that your ex does not stick to an informal agreement. If this happens, you could go to Court and ask a Judge to provide you with a Court Order.
If your separation is not amicable, you may need help to make formal arrangements for visiting and or living with your children. For more details see Child Arrangement Orders or contact our Family Law Solicitors that specialise in Child Law.
How Co-op Legal Services Can Help
Whether you want help with some or all of your divorce, we can help you. Our flexible approach to our services and fees means you can get the amount of help you need when you need it.
We offer fixed fees in many aspects of divorce. This means we’ll give you a written quote before we start any work and this price won’t change. In circumstances where we can’t offer you a fixed fee divorce, our hourly Divorce Solicitor rates are very competitive and we invite you to compare our fees. We often blend our fees, to include some parts fixed fee divorce and others hourly rate.
Our specialist team have considerable expertise in the following areas of Divorce and Family Law:
- International Divorce
- Complex Property Disputes
- Child Arrangement Orders
- Child Abduction
- Divorce Money Matters
- Domestic Abuse
Our family law team includes Family Solicitors, Divorce Solicitors and Children Law Solicitors with Resolution Accreditation and Resolution accredited experts in child abduction, co-habitation, domestic abuse, property disputes, high net worth money matters and financial advocacy.