Divorce costs in the UK: Who pays?

Divorce can be an emotionally and financially challenging process, and uncertainty about the expenses involved can add to this. Having a strong understanding of how divorce costs are handled can help you plan ahead and reduce unnecessary stress.

Whether you are filing for divorce or responding to an application, it is important to be aware of who is responsible for the costs, what expenses are involved, and whether costs can be recovered from your spouse.

Legal fees, court expenses, and financial settlements can add up quickly, making it essential to approach the process with clarity and professional guidance. At Sharp Family Law, we have extensive experience supporting clients through all aspects of UK divorce costs, ensuring they are well informed about potential expenses and equipped with strategies to manage them effectively.

Here, our expert divorce solicitors explain how divorce fees in the UK are typically allocated, including the divorce application fee, legal costs, and additional expenses that may arise if your case proceeds to court.

Who pays for a divorce in the UK?

Usually, the person applying for divorce (the ‘applicant’) is responsible for paying the divorce application fee, which currently costs £593. This fee is required to formally begin the divorce process in England and Wales.

If both spouses agree to the divorce, they may decide to share the divorce application costs. However, if one party initiates the divorce without mutual agreement, they will generally bear the initial costs, including solicitor fees, if they seek legal support.

Legal expenses can vary significantly depending on whether the divorce is contested or uncontested. Costs can remain relatively low if both parties agree on financial settlements and child arrangements. However, disputes that require legal negotiations or court proceedings can sometimes lead to additional expenses.

At Sharp Family Law, we guide clients through the divorce process, helping them understand their legal obligations, estimate costs, and explore cost-effective dispute resolution methods such as mediation or collaborative law to keep expenses manageable.

Please get in touch with our specialist lawyers if you would like bespoke advice on dealing with divorce finances.

Does adultery affect who pays?

Under the current no-fault divorce system in England and Wales, the reasons for divorce do not influence who pays for a divorce in the UK. This means that adultery, unreasonable behaviour, or other personal circumstances do not dictate who will pay.

Previously, if a petitioner cited adultery as the reason for the divorce, they could seek legal costs from their spouse. However, with the introduction of the no-fault system, this is no longer possible. The applicant is generally expected to pay the divorce application costs unless both parties agree otherwise or the court issues a cost order.

Our solicitors at Sharp Family Law can advise on how cost orders work and whether they may apply to your case. Our clear approach ensures that clients understand the financial implications of their divorce before we explore securing fair settlements.

Do both parties pay for a divorce?

While one party often pays the divorce application fee, both spouses may incur legal fees if they seek professional advice. The cost of legal representation typically depends on the complexity of the case and the amount of work involved.

Legal costs can remain relatively low if both parties agree to divorce and there are no contested matters. However, if disputes arise over matters such as finances, property, or child arrangements, each person will typically cover their own divorce solicitors' costs.

Mediation or alternative dispute resolution can help reduce costs by avoiding the need for lengthy court proceedings. At Sharp Family Law, we offer tailored legal support to help clients resolve matters amicably, reducing expenses while ensuring fair outcomes.

If my ex takes me to court, who pays?

If your former spouse initiates court proceedings over financial matters or child arrangements, the general understanding is that each party will pay their own legal fees. However, one party might be required to contribute to the other’s legal expenses if the court issues a cost order.

Cost orders are more common in financial disputes, particularly if one party has acted unreasonably, delayed proceedings, or failed to comply with court instructions. Sometimes, where one spouse has significantly higher financial resources, they may also be expected to contribute more towards legal fees.

To keep costs manageable, exploring out-of-court settlements before resorting to litigation is advisable. At Sharp Family Law, our solicitors’ expertise in negotiations and mediation can help reach agreements while keeping your expenses under control.

Can I make my spouse pay for my divorce lawyer?

In some cases, you may be able to request that your spouse contribute to your legal fees, particularly if there is a significant financial imbalance. There are a few ways this can be approached:

• If both parties agree, one spouse can voluntarily contribute to the other’s legal costs to ensure a fair process.
• Where an agreement cannot be reached, it may be possible to apply for a Legal Services Order. This is a court order that compels a spouse to contribute to the other’s legal fees, but it is only granted in specific circumstances, such as when there is a significant disparity in financial resources.
• In financial disputes, courts may order a spouse to pay towards the other’s legal costs, particularly if they have acted unreasonably during proceedings.

Our solicitors at Sharp Family Law can help assess your financial situation and explore legal funding options to ensure you receive fair representation.

What work do solicitors' fees cover?

The cost of a divorce in the UK varies depending on the level of legal support required. Solicitor’s services cover a wide range of tasks, including legal advice to help clients understand their rights, responsibilities, and potential financial outcomes.

Your solicitor can help you draft and file the divorce application and complete all of the legal paperwork accurately and on time.

We also offer legal advice on financial settlements, including pension sharing, property division, and spousal maintenance, to ensure you receive a fair agreement.

If a dispute occurs, our solicitors will help you negotiate resolutions over finances, property, and child arrangements through direct discussions or mediation.

We aim to resolve legal matters using alternative dispute resolution methods, however, if court proceedings become necessary, our solicitors will prepare your case and provide strong representation.

At Sharp Family Law, we specialise in helping clients achieve practical, fair outcomes while ensuring they fully understand their financial entitlements throughout the divorce process.

How Sharp Family Law Can Help

At Sharp Family Law, we have many years of experience handling all aspects of divorce, from filing the application to negotiating financial settlements and representing clients in court when necessary.

Our solicitors are highly experienced in handling complex financial matters, including pension division, property settlements, and spousal maintenance. We can provide specialist advice on your costs, helping you manage your finances and secure a fair settlement.

We also provide specialist advice on child arrangements, using amicable methods such as mediation and negotiation to ensure you have plans in place for your family.

Divorce can feel overwhelming, but with the right legal support, you can achieve peace of mind and security for the future.

Get in touch with our divorce solicitors

If you are looking for expert advice on leaving your spouse, please contact our divorce solicitors today.

You can contact our offices in Bath, Bristol, or Bradford on Avon or fill in our online enquiry form and a team member will be in touch promptly.