Divorce and Finance FAQs
9 minute read
Date Published - October 18th 2024
9 minute read
Date Published - October 18th 2024
Going through a divorce is never easy, and it often comes with the added stress of sorting out finances. It can feel overwhelming, but having the right legal guidance can make all the difference. Speaking to a solicitor early on can help you understand your options and give you peace of mind as you move forward.
At GloverPriest, our experienced Financial Arrangement and Divorce Solicitors are here to listen, guide you through every step, and make sure your financial future is secure. Whether it’s dividing assets, negotiating property settlements, or ensuring a fair outcome, we’re by your side, fighting for what matters most to you.
If you’re thinking about divorce or need expert advice on managing your finances through the process, get in touch with us today. We’re here to provide compassionate, straightforward support, tailored to your unique situation. Complete our contact form to take the first step.
There are two elements to a divorce: the paper divorce and the financial settlement.
For a straightforward, uncontested divorce, where both parties agree on the terms, the average cost typically ranges from £500 to £2,000. This covers the court fee (currently £593) and solicitor fees for handling the necessary paperwork and providing basic legal advice. These cases tend to be quicker and more cost-effective, as they don’t require additional court involvement.
However, if the divorce is contested - where disagreements arise over assets, finances, or child arrangements - the legal costs can increase substantially. In such cases, fees can start from £3,000 and may rise to £25,000 or more, depending on the complexity of the case and the length of court proceedings.
For couples without financial disputes or child arrangement issues, GloverPriest offers a Fixed-Fee Divorce option, ensuring the process remains as straightforward as possible. If you're the person applying for divorce (the Applicant), GloverPriest offers a fixed fee from £500 + VAT (plus court fees). If you're responding to your spouse’s divorce application, the fixed fee starts at £300 + VAT. This fee covers the legal process up to the Final Order, provided the case remains undefended and cost disputes do not arise.
If your circumstances fall outside the scope of the fixed-fee service, such as cases involving financial settlements or defended divorces, GloverPriest provides a tailored service to meet your specific needs. Additionally, should you be on a low income or certain benefits, you may be eligible for help with court fees – more information is available on the Gov.uk website.
For a more bespoke service, especially where financial arrangements or child orders are involved, GloverPriest’s expert team is ready to guide you through the process. Get in touch to find out more or arrange a consultation today.
“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).
When you’re dealing with a legal dispute, there are many things you're going to be concerned about. One of the most pressing questions is whether or not you can recover your legal costs from the other party.
The answer depends largely on the type of case and its specific circumstances.
If you're unsure about claiming your legal costs, our experienced solicitors at GloverPriest can help. We can guide you through the process and effectively represent your interests.
All joint and sole assets have to be declared by both parties during divorce proceedings so that you ensure that a full, clear and accurate position is presented of your finances.
During financial remedy proceedings in a divorce process, your participation will entail two preliminary hearings and a concluding hearing. Prior to the initial hearing, it is essential to complete a document known as "Form E". In this form, you must meticulously outline all your assets, and outstanding debts, and substantiate these claims with supporting documentation. This is necessary to enable the court to gain an understanding of the finances involved in the divorce.
Failure to do so, or any attempt to hide assets, is illegal and would certainly complicate and delay reaching an amicable financial settlement.
Courts could also choose to impose several punishments if assets are not declared, including being in contempt of court or requiring you to pay the legal costs of the other party.
Although it is possible to get a divorce without a financial settlement, this is not advisable, and it makes perfect financial sense to divide the assets fairly so that both parties are left in a position of equal standing.
In England and Wales, both parties in a divorce have an ongoing duty to provide bank statements, and any other relevant financial information, to reach a financial settlement.
It has to be a full, frank and clear disclosure that shows the last 12 months of each account in each person’s sole name. Honest disclosure is the best policy to enable your solicitor and the court to reach a fair decision so that no one is treated unfairly.
It certainly isn’t worth the risk of failing to provide a full picture of your finances. If this happens, the other party who suspects that you are hiding information, can make an application to court which can then order you to disclose all your relevant finances within a given time period.
Failure to meet this time restriction could find that you are in contempt of court which may result in a fine or a prison sentence. The court could also order you to pay the legal costs of the other party. Therefore, monetary openness certainly goes a long way towards creating trust between both parties, so that the whole process runs as smoothly as possible and a satisfactory financial settlement can be agreed upon.
Many spouses do try to hide savings and assets before divorce and/or during the process, which the court can penalise if it is found that you have tried to hide, transfer or spend money.
Savings and investments will form part of a financial settlement in a divorce and it should be relatively straightforward, if things are amicable, to negotiate with each other.
Although the way savings are divided in a divorce is different in each case, the court aims to make the split as fair as possible. However, it is important to realise that “fair” doesn’t always mean equal, as a number of other factors may be taken into account such as income, earning capacity, property, children and duration of the marriage.
A full and frank disclosure of your savings and assets is required by the court, and any attempt to hide or exclude your savings or finances from the divorce settlement could colour the court’s view of your response to all questions.
Any spending of savings on housing or general living expenses would normally not be seen as wrongful behaviour. However, spending before divorce is considered reckless if you are funding a new partner’s lavish lifestyle or buying excessive alcohol, drugs or gambling. The courts could use “add-back”, which allows it to include any “missing” funds back into the pool of matrimonial finances to be shared.
During the divorce process, typical household bills such as mortgage payments, utility bills, and council tax should continue to be paid as they were during the marriage, unless you decide otherwise. If your partner stops paying these bills, you could for instance agree on interim financial support through spousal maintenance.
For jointly owned property, the financial responsibility for the mortgage remains the same, even if one person moves out. Both parties are legally bound to fulfil the mortgage payments, and the lender will not release one person from this obligation just because they have moved out.
Failure to contribute to mortgage payments can have significant legal and financial implications, such as disputes, credit score impacts, and potential legal action or repossession. Clear communication and agreements between both parties are essential, and consulting legal and financial professionals is advisable to explore options like refinancing, selling the property, or transferring ownership as part of the divorce settlement. If one spouse refuses to pay, the court can issue orders requiring payment, and non-compliance can result in legal consequences
Legal aid for divorce has been reduced dramatically. To qualify for legal aid, you will need to have formal evidence of domestic violence or child abuse, satisfy the financial eligibility and have good prospects of pursuing the case.
Please note: GloverPriest are unfortunately unable to support legal aid-funded cases, at present.
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:
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.
Divorce can bring complex financial challenges, from dividing assets to determining maintenance payments. At GloverPriest, our experienced Divorce and Financial Arrangement Solicitors are here to help you navigate the financial aspects of divorce, ensuring that your rights are protected and your future is secure.
Need advice on divorce and finances? Contact us today to get clear, expert guidance tailored to your situation. Let us help you make informed decisions for your financial future.
With years of experience across multiple areas of law, including Family Law, GloverPriest's solicitors are dedicated to supporting individuals and families through life’s legal challenges with compassion and professionalism.
Family Law encompasses any legal matter that affects families or children. This can include divorce, child arrangements, financial disputes, and more.
Yes, in certain areas of Family Law, we offer an introductory meeting with a member of our legal team. This free meeting allows you to discuss your situation and get to know both our firm and the solicitor handling your case. This will help you make an informed decision about the next steps and ensure you feel confident moving forward.
GloverPriest Solicitors is fully regulated by the Solicitors Regulation Authority (registration number 597426). This ensures that we adhere to the highest professional standards and provide transparent, trustworthy legal advice.
Having a solicitor on your side ensures that you receive expert, objective advice tailored to your situation. Experienced solicitors can often represent your interests far more effectively than you might manage on your own, often leading to better outcomes in legal proceedings.
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