Answer

Who pays for a divorce in the UK?

“Who will have to pay for the divorce?” is a question our expert Divorce Solicitors are often asked, and the real answer is that it depends on each person’s circumstances and the reasons for divorce.

In the UK, it's a general rule that each person pays for their own legal representation. However, the person who petitioned for divorce will have to pay the court fees unless it was a joint application for ‘no-fault divorce’ (where the person named “applicant 1” will be responsible).

Do I need a divorce solicitor?

While there’s no requirement to have legal representation during divorce proceedings, it’s often useful to at least get advice from a Family Law expert before you start.

If you don’t want to hire a divorce solicitor because you’re looking to avoid the extra costs, it’s worth noting that lots of specialists (including GloverPriest) give a fixed-fee service so you know exactly how much the cost will be from the start.

Can I get help with divorce fees?

Yes, there are instances where you can either get help towards your legal fees or have them waived entirely. This is known as a court fee waiver, and depends on the following circumstances:

Low income: If you are single and earn up to £1,170 per month, or up to £1345 if you have a partner, you could be eligible. You could also receive an additional £265 for each child to claim on the waiver.

Your savings: If you’re under the age of 61 and have less than £3000 in savings, you may be able to claim. If the divorce fee is between £1000 - £10,000, however, you’re eligible even if you have up to £16,000 in savings.

You claim benefits: You may also be eligible for a fee waiver if you claim certain UK benefits such as:

• Universal Credit (and earn less than £6,000 per year)
• Income-related Employment and Support Allowance (ESA)
• Jobseeker’s Allowance (JSA)
• Income Support
• Pension Credit (Guarantee Credit) 

To claim a fee waiver, you’ll need to make an application online. You'll also need to give your National Insurance number, court or tribunal form number and your case number, along with detailing your savings, earnings and any benefits you receive. You’ll then be given a ‘Help with Fees’ reference number while your application is being processed. 

How GloverPriest can help

If you’re thinking about ending your marriage, it’s a good idea to get legal advice as early as possible so you know what your options are. Sorting finances, living arrangements, children and other things can feel overwhelming but we’re here to give you practical advice so that you can take it one step at a time.

We know that it’s not an easy thing to look at the options and work out which apply to your situation – but with our years’ of experience, we can sensitively talk these through with you and help to bring clarity to what you’re facing.

If you would like to discuss your case further, please do not hesitate to contact our compassionate, expert divorce solicitors.