How to cut the cost of divorce

The sad reality is that almost half of marriages in England and Wales will end, with the number of divorce applications jumping by 11% in the last year, according to law firm Forsters.

This may be partly due to the fact that “no-fault” divorce laws that came into force in April 2022 have made the process quicker, cheaper and less contentious.

Costs can run into the tens of thousands of pounds but going through a divorce, or the dissolution of a civil partnership, can still be as draining on your emotions as it can be on your finances.

In this article, we explain:

• How much does is cost to get divorced?
• Who pays for the divorce costs?
• Am I entitled to legal aid?
• What are the new no-fault divorce laws?
• How can I cut down on legal fees?

Related content: Divorce settlement: what are you entitled to?

How much does a divorce cost?

The average cost of getting a divorce in England and Wales stands at around £14,500 including legal fees and lifestyle costs, according to the MoneyHelper service.

However the ultimate cost can vary considerable depending on a number of factors, including:

• The complexity of your personal and financial affairs
• How you decide to proceed with your divorce: use a solicitor or do it yourself
• Whether your divorce is uncontested or contested, for example:
  • An uncontested divorce (as 99% are in the UK) with a solicitor will set you back on average between £450 to £950.
  • A contested divorce, ending up in court, could cost upwards of £30,000

Some costs, such as the government fee to apply for a divorce, are fixed but legal fees will depend on how much advice you take and how long it takes for an agreement to be reached.

An amicable divorce, for example, can take between five and 15 hours to sort out the financial issues.

What are some of the costs relating to divorce?

We list the fixed fees levied by the government or the courts in the table below:

What is the fee for?	Cost
Divorce application fee	£593
Any amendments to the application	£95
A consent order	£53
A financial order	£275
A child arrangement order	£232

Other costs associated with divorce, include:

• Solicitor fees, which can run into thousands of pounds in contested divorces
• Barrister fees if you need one to conduct court hearings
• Initial mediation meeting can cost around £120
• Ongoing mediation (roughly around £600 per couple per meeting)
• Expert reports relating to pensions, company valuations, property, jewellery and antiques (can cost £500 but often run into a few thousand pounds)
• Fees for transferring property from one person to another using a conveyancing solicitor
• Accountant fees to calculate capital gains tax in the event shared property is sold
• Pension provider fee to implement any pension sharing order
• Accommodation
• Private financial dispute resolution if wishing to avoid court – £3,000-£15,000 plus VAT
• Drawing up a new will (a simple will costs around £140)

Who pays for the divorce costs?

Again who pays the legal bills will vary depending on your personal circumstances. 

The divorce filing fee will be paid for by the applicant and covers the cost for the entire divorce process. If you are on a low income you might be entitled to a court fee remission to help with the fee.

A good divorce lawyer will recommend you decide on the costs at the start of divorce proceedings.

One person may agree to pay all the fees, for example, which will then be offset assets such as joint savings in the financial settlement.

Am I entitled to legal aid?

Legal aid is no longer available for most divorce cases to help with the legal costs involved. However there are some circumstances in which it may be granted such as cases involving domestic violence or forced marriage.

Check if you qualify for legal aid on the government website. Even if you do not, you might still be entitled for legal aid for mediation.

What are the new ‘no fault’ divorce laws?

One big barrier to amicable divorces in the past has been a strange rule in the UK which forced one party to accept blame, even if the marriage had simply come to a natural end.

The need to assign blame has caused unnecessary conflict, not helped by the common misconception that a party who admits “fault” will get less in any financial settlement. In reality, behaviour is rarely taken into account.

The law has now changed in England and Wales and “no fault” divorces have been introduced. Scotland has had a “no-fault” divorce option since 2006.

The Divorce, Dissolution and Separation Bill, introduced on April 6, 2022, has brought a number of changes:

• Introduction of “no-fault” divorces – where one or both partners only have to state that the marriage has irretrievably broken down without apportioning blame
• Prevention of one partner contesting the decision – one partner can no longer contest a divorce
• Minimum period of six months between lodging a divorce petition and finalisation of the process
• Dropping the legalese – so decree nisi will become “conditional order” and decree absolute will become “final order”

Can I get a DIY divorce?

The absolute minimum you have to pay to get divorced is the mandatory £593 application, after that it depends on your circumstances and legal fees. A DIY divorce can lower these costs substantially, but it should only be attempted if:

• Both of you have agreed to end your relationship
• Your finances are straightforward
• You don’t have children

You will receive little or no help from a solicitor and must follow a specific procedure.

• England or Wales: you can get started by downloading form D8, to divorce or dissolve your civil partnership, and leaflet D183, which explains what you need to do.
• Northern Ireland: you have to appear before a judge in either a county court or a High Court
• Scotland: you can’t have kids under 16 or any financial matters to sort out if you want to go down the DIY divorce route

How can I cut down on legal fees?

Like most things in life, not all lawyers charge the same – and just because one is more expensive, it doesn’t necessarily follow that they will offer you a better service:

• Research online
• Ask friends or family for recommendations
• Shop around

Many law firms will offer a free initial consultation, and you are under no obligation to go on and use that service. The consultation may only be about 20-30 minutes, so it’s important to be prepared in order to get the most out of it:

• Draw up a list of questions
• Note down your relationship history and all important dates, i.e.:
  • when you me
  • got married
  • births of any children
  • any big financial transactions
• Bring relevant financial information on both your and your spouse’s assets and income, and any legal documentation (see below)

Remember to ask lots of questions about what costs you can expect, so you are comparing like for like. Some firms may offer a fixed-fee divorce, but make sure you understand exactly what is being offered for the money.

You can find a solicitor on the Law Society website.

What paperwork do I need to get ready?

The slower your divorce, the costlier it usually becomes, so getting the correct paperwork together and in order is crucial. To file your divorce petition you need:

• your original marriage certificate or a certified copy, or a certified translation if it’s not in English. 
• Your husband or wife’s full name and address, as the court will need to send them a copy of the divorce petition

For the financial settlement, you will need to produce:

• bank statements for the past 12 months for all your bank accounts
• a valuation of your pension
• a recent mortgage statement if you have a mortgage
• proof of income – for example, at least three wage slips and a P60 or your tax returns if you are self employed
• credit card statements

All parties need to see the whole financial picture if the final decision is to be fair and legal. You could be in contempt of court if you do not provide this information. 

“Providing your lawyer with well-organised PDFs of key information is far more cost-effective than handing over a carrier bag full of paper documents for them to sift, sort and categorise. It’s also important to think about the arrangements for your children in the future before any meeting.

Matthew Taylor, senior solicitor at the Stowe Family Law

Do I need a mediator?

The mediator’s role is to help the pair of you reach an agreement amicably – they won’t tell you what to do.

The first meeting, the Mediation Information and Assessment Meeting (MIAM), is used to decide whether mediation is suitable and the costs are £120 per person or, for a joint MIAM, £90 per person.

It is a court requirement that you have attended this meeting first before it goes through the court. How much mediation sets you back depends on how many meetings you need to have.

The costs range from £300 to £1,500, which is a lot less than the tens of thousands you may be charged if you go to court.

A collaborative divorce works in a similar way to mediation – but with more people involved – and aims to ensure the settlement is fair to you both. You each have your own lawyer plus any other experts present – for example, your accountant.

Who is responsible for the bills during a divorce?

It depends who’s name is on the account and who is moving out.

• Make a list of all the household bills and who is the named bill payer
• If you or both of you are moving out, take gas and electricity meter readings to make sure you aren’t charged for energy you haven’t used
• If both named on the account, contact the utility providers to change account details where appropriate
• Both of you will be responsible for any amount owing up until details have been changed
• If your partner’s name is on the bills, and they are moving out, you will have to close that old account and set a new one up in your name.

NOTE: Your partner may need to confirm that they are happy for their name to be removed by signing a form or letter stating the change in circumstances. This is true of many home insurance policies.

If your partner is named on your car insurance, let the provider know if they won’t be driving the car in the future. You have to let your insurer know of any personal changes that may affect the policy – or your insurance may become invalid.

Where to go for support

Make sure you build a strong network of support from family or friends who can help with the emotional aspect of your divorce. Remember that your solicitor is not your counsellor.

There are a number of support groups and charities that you can go to for support and advice, including Family Lives and Wikivorce. For more on your rights and help with legal issues, head to Gingerbread and Citizens Advice.