Divorce can be an emotionally and financially draining process. One of the common concerns many people face when going through a divorce is understanding who pays for a divorce. In the UK, the answer depends on various factors, including who initiated the process, the reason for the split, and whether both parties can agree on how to split costs.

In this blog post, the experts at Tyler Hoffman Solicitors explain who typically covers the fees for a divorce, what happens when the divorce is based on issues like adultery or unreasonable behaviour, and how mediation or legal services come into play. Additionally, we will discuss divorce fees and clarify who is generally responsible for these costs.

Who Covers the Court Fees in a Divorce?

In most cases, the person filing for the divorce - known as the applicant - is responsible for paying the court fee. This fee is mandatory when submitting the divorce application to the court and is currently set at £593.

Court fees can be shared between both parties, but this requires mutual agreement. In amicable situations, or when filing a joint divorce, some couples find it fair to divide the costs evenly, particularly when both parties feel equally responsible for the breakdown of the marriage. However, without such an agreement, the applicant usually ends up covering the cost. Generally, each party is responsible for their own legal fees, including court fees.

What If You Can’t Afford the Court Fees?

If you are unable to afford the court fees, there may be support available. The UK government offers a Help with Fees scheme, which can reduce or even eliminate the cost for those on a low income. Eligibility for this fee reduction depends on your financial situation, so it’s worth looking into if you feel paying the fees would cause financial hardship.

Who Pays for Solicitors and Legal Fees?

Typically, both parties cover their own legal costs. This includes paying for their respective solicitors' fees and any other professional advice needed throughout the divorce process. The total cost of legal fees can vary widely depending on the complexity of the divorce, particularly if the couple is disputing finances, property, or child arrangements. Divorce financial settlement negotiations can significantly impact the total cost of legal fees.

Can Legal Fees Be Recovered?

It’s possible, but not guaranteed, that one party may request the court to make the other party cover their legal fees - particularly if the divorce is contested and based on unreasonable behaviour or adultery.

Courts are more likely to grant a costs order in situations where one party has caused delays or complications. However, the introduction of no-fault divorce laws in the UK means that courts are less likely to assign blame in such cases, making it more common for both sides to cover their own solicitors fees. Divorce proceedings can influence the likelihood of recovering legal fees, especially in contested cases.

How Does Adultery Affect Divorce?

In divorces involving adultery, the petitioner might try to recover the court fees or legal costs from the respondent if it can be shown that their committed adultery led directly to the divorce. 

This often depends on the specifics of the case and whether the couple can agree on sharing the expenses. Courts do not automatically rule that the person who committed adultery should pay, especially under no-fault divorce law.

Who Pays for Mediation in a Divorce?

Mediation is often used to resolve disputes related to financial settlements and child arrangements without going to court. Typically, both parties share the cost of mediation, as it benefits both to resolve issues outside of court. However, in some cases, one party may agree to cover the full cost of mediation to avoid prolonged disputes.

If you or your spouse is on a low income, you might be eligible for legal aid to cover mediation costs, making it easier for couples to use this service to reach an amicable solution. Securing a financial agreement through mediation is crucial to ensure both parties are legally protected.

Who Pays in Complex or Contested Divorces?

When a divorce becomes contested, meaning the couple cannot agree on finances or child custody, the costs often rise sharply. Both parties will need to cover their own legal representation, and these costs can escalate if the divorce takes longer to finalise. In these cases, a costs order may be issued by the court, requiring the party responsible for unnecessary delays or conflict to pay a portion of the other legal fees.

What Happens If You Cannot Agree on a Financial Settlement?

If you and your spouse cannot agree on how to split assets, the case may go to court for a judge to decide. This can lead to significant increases in divorce costs, as court hearings are lengthy and require additional legal representation. During this process, financial disclosure will be required to determine a fair financial settlement.

Reaching an agreement outside of court is generally recommended, as it saves both time and money. Using mediation to settle disputes about property, pensions, and other assets can help avoid the need for court involvement.

What About Spousal Maintenance?

Spousal maintenance refers to regular payments made from one spouse to another following a divorce, often to support living expenses. This payment is typically part of the overall financial settlement and is determined by the court based on each party’s income and needs.

If awarded, the spouse with higher earnings will be responsible for paying the spousal maintenance, which will influence how assets and income are divided as part of the settlement.

How Are Divorce Costs Divided in Fault-Based Divorces?

Although no-fault divorce is now the standard in the UK, fault-based divorces, such as those involving unreasonable behaviour or adultery grounds, may still affect how costs are divided. A party may request that the respondent, who is deemed responsible for the irretrievable breakdown of the marriage, covers more of the expenses. These requests are granted on a case-by-case basis.

Managing the Costs of Divorce

When it comes to who pays for a divorce, the general rule is that each party covers their own legal costs, including solicitors and any additional court appearances. However, in some cases - particularly those involving unreasonable behaviour or adultery - one party may seek to recover a portion of their legal expenses.

To minimise costs, it’s recommended that couples seek early legal advice and consider mediation to resolve disputes. Reaching an amicable settlement can save both parties time, money, and stress, making the divorce process smoother and more affordable. For expert guidance on how to manage the costs of divorce, Tyler Hoffman Solicitors can provide tailored legal support to help you through the process.

Contact us today to learn more about your options and to ensure your financial and legal interests are protected during your divorce.

Why You Should Seek Advice from a Solicitor

Divorce can be a complex legal process, especially when it involves issues like asset division, child arrangements, or claims of adultery or unreasonable behaviour. Seeking advice from a solicitor ensures that you fully understand your legal rights and obligations, and it also helps to avoid costly mistakes or delays in the process.

It is crucial to consult family law experts to navigate the complexities of divorce, including financial settlements and custody issues. A solicitor can:

• Provide expert guidance
• Ensure fair financial settlements
• Help with mediation
• Support during court hearings

Ultimately, having legal representation helps you navigate the complexities of divorce and ensures that your interests are fully protected throughout the process.