Divorce is a complex and emotional process, and along with the strain it can put on you mentally, it can also cause a financial strain.
Understanding what costs are involved in a divorce process is essential for anyone who is looking at filing for a divorce, whether that be by yourself or with your ex-partner.
Factors that affect the cost of divorce
There are a few factors that can affect the cost of a divorce, but one of the main factors is the complexity of the divorce. Cases that involve disputes over assets and child arrangements often require more legal support and can therefore increase costs particularly if court proceedings are instigated.
The factors which may require more legal support can include:
- Child custody and support for children
- Negotiating a financial settlement
- Use of mediation or litigation
- The length of the divorce process
- The level of conflict between you and your ex-partner
- The conduct of the other party
Cost of an uncontested divorce vs a contested divorce
For both an uncontested and contested divorce, the initial cost for filing for a divorce will cost £593.
Generally speaking, the cost of an uncontested divorce, which is a divorce where both parties agree to the divorce, is in the region of £600 plus vat and the court fee to issue the application.
This cost will cover the divorce only and not any other matters that need to be resolved, such as the financial matters or the arrangements for the children.
Costs of a Child Arrangements Order
If there is an agreement for the arrangements for the children, then it is not necessary to seek any court orders and therefore there would be no costs involved.
If the arrangements for the children cannot be agreed then parties could try mediation. There may be help with the costs of mediation and advice about this should be sought from a mediation service.
If a family solicitor is needed to assist with negotiating the arrangements or to represent you in court proceedings, then there will be the initial court application fee to pay which is currently £255 (plus any ongoing legal fees which are usually charged by the hour, so costs would depend on the time spent on the case).
Therefore, the more complex cases or cases involving safeguarding issues or domestic abuse can be much more expensive. It is difficult to give an estimate of costs as each case is different, but certainly costs can run into tens of thousands of pounds in the more difficult cases.
Costs of a financial settlement for a divorce
If a financial settlement can be agreed either directly with your ex partner or in mediation or with the assistance of solicitors, then the only fee you will need to pay is for the court to approve the financial consent order which is currently £53.
You will have other costs on top of this, such as the costs of the mediator and/or solicitors if instructed who generally charge by the hour, so the costs will depend on the time spent on your case.
If a financial settlement cannot be agreed then court proceedings can be instigated, and the cost of the court application is currently £305 to apply for a financial remedy order. The court takes into account numerous factors when determining a financial settlement as set out in section 25 of the Matrimonial Causes Act 1973.
The cost of a financial settlement can be one of the most significant since it involves dividing assets such as property, savings, pensions, businesses and other financial assets. The cost of reaching a financial settlement can vary significantly depending on whether or not you can reach an agreement through negotiations, how many experts need to be instructed to value the assets involved and how complex the case is.
If you need to go to court to reach a financial settlement, the legal costs involved can be considerable, reaching £50,000, if not more in complex, high value cases.
Child maintenance costs in a divorce
Child maintenance is the financial support that helps towards your child’s upbringing. The amount of child maintenance that is sent to the primary caregiver will depend on a variety of factors including the paying parent’s income, how many children you and your ex-spouse have together and how much time each parent spends with the child(ren).
This is generally dealt with by the Child Maintenance Service and not the Family Court if an agreement cannot be reached.
Cost of divorce mediation
Mediation is a very effective tool that many couples use instead of going through the courts for their divorce due to its cost effectiveness.
The average cost of mediation is between £200-£400 per hour. In general, couples will need around 5 sessions of mediation to come to an agreement.
Does a divorce cost more if it goes to court?
Yes, if a divorce financial settlement needs to go to court, the costs can quickly escalate beyond the initial cost estimations.
Typically, if the court finds a resolution early on, the cost will usually be between £15,000 and £20,000. However, if both parties cannot come to an agreement, these costs can rise significantly due to additional support needed from solicitors, barristers and potentially other expert witnesses such as surveyors, accountants, actuaries.
Does a divorce cost more if you or your ex-partner is abroad?
Yes, a divorce can cost more if you or your ex-partner are abroad as the process can be more time consuming.
There are a number of different factors that should be considered when either party is abroad including the value of foreign assets, international jurisdiction and the length of the case.
How to keep the cost of a divorce down
We know the costs associated with a divorce aren’t viable for everyone, which is why it is important you take every step possible to keep costs low.
Here are some simple ways you can help to keep the costs down during a divorce:
- Make sure all of your information and documents are well organised and ready to be used
- Obtain all the necessary documents at an early stage and do as much as you can by yourself, such as serving the divorce papers
- Reply to correspondence as quickly as you can to prevent the process from being any longer than it needs to be
- Be sensible and realistic about your expectations to prevent any conflict from arising during the process