Divorce is already a deeply stressful and emotional process, and the financial burden shouldn’t exacerbate that strain. Yet, divorce fees have become a significant, and growing, source of government revenue. Recent FOI data reveal that in 2023, HM Courts & Tribunals Service (HMCTS) collected £53.4 million in fees to process divorce applications, despite operating costs for the service amounting to just £6 million. That disparity, nearly nine times the actual cost, raises serious concerns about fairness, value, and access to justice.
This article takes a deeper look into the reality behind these divorce fees, explains what the fee covers (or doesn’t), and explores related issues such as divorce paperwork and available assistance relating to help with divorce fees.
The real cost vs. fee charged
The government charges a flat £593 for filing divorce papers, commonly referred to as the divorce application fee. Yet administrative and staffing costs for the divorce service came to just £6 million in total in 2023. That means the government pulled in £47 million more than the service cost, a scenario that’s been characterised as a “divorce tax” by critics.
This discrepancy raises a fundamental question: should essential legal processes, such as submitting divorce paperwork, be used as revenue generators rather than public services?
What does the divorce fee cover?
From 2016 onwards, the divorce application process in England and Wales transitioned to an online system. This modernised service offers features like case tracking, step-by-step guidance, and integrated payment options.
Despite this digital shift that radically reduced processing times and overheads, the fee remains disproportionately high compared to the actual cost of maintaining the system. Given how efficient digital divorce processing has become, up from 22% digital uptake in 2020 to 94% by 2024, many argue there can be no justification for charging nearly £600.
The burden of divorce paperwork
Whether or not you use a solicitor, submitting divorce paperwork requires the standard fee, unless you qualify for a fee exemption or remission. To begin the divorce process, you must:
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Complete the D8 form, the divorce application, for both digital and paper applications
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Possible additional forms, depending on circumstances e.g., forms for financial orders or conditional orders, although in practice these generally come later on in the process.
The fee must be paid by the applicant (formerly called the petitioner) or, in rare cases, by agreement, jointly. However, even in joint applications, the court fee is paid by applicant 1, who initiates the application process. As stated above in this scenario, the couple can agree to share the fee in any way they choose, including splitting it equally, but this must be a mutual arrangement rather than something the court directs. This means even straightforward, amicable divorces face the same steep fee, which critics argue is unfair.
Calls for reform: Lowering divorce fees
Organisations like Resolution have called for urgent reform. The FOI data has intensified these calls, pointing to the unjustifiable gap between cost and charge. They argue that the fee should reflect only the cost of provision, and should not act as a revenue source.
Resolution noted previously that the cost of the proceedings in 2015 was about £270, yet the court fee was already £410, another sign that divorce fees have long been inflated.
Help with divorce fees
For those struggling financially, there are some, albeit limited options for fee remission or support:
Fee remission schemes
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In England and Wales, you may be able to get fee remission if you receive certain benefits or have low income/savings
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The digital system includes guidance on help with divorce fees, making it easier to navigate what is available. You can apply for help with fees online or by submitting a paper form. If you are making a joint divorce application and want help with the court fee, both of you must be eligible and apply. If only one of you is eligible, it may be best for that person to make a sole application for the divorce instead.
Legal Aid
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Legal aid is generally unavailable for divorce proceedings, except in cases involving domestic abuse, child abduction, or similar exceptional circumstances.
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Where legal aid isn’t an option or there is an eligibility problem, fee remission/exemption may help.
Practical Alternatives
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DIY or online services can reduce legal costs, although they cannot eliminate the court fee.
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Assistance may be available from charities or advice services that are able to guide people through the fee remission process or help with financial planning during the divorce.
Modernisation vs. cost burden
The UK government’s shift to online processing has undeniably improved efficiency – cases are processed faster, errors have been reduced, and user support enhanced. Yet the fee for submitting divorce papers remains exorbitantly high, a mismatch that undermines the purpose of providing a simpler, more accessible digital service.
At a time when many are already facing cost-of-living pressures, those filing divorce paperwork must find nearly £600 just to start the proceedings. This can have an adverse effect on emotional stress, prolong separation, or trap people in unhealthy or unsustainable situations.
What needs to change?
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Align the fee with the actual cost of the service
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Expand support for fee remission/exemption, making access fairer for low-income individuals and families
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Explore tiering or sliding-scale fees, depending on income, complexity, or joint application
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Keep modernisation moving forward, ensuring that any efficiency gains translate into lower costs and not higher surpluses
The current divorce fees system arguably stands at odds with the principles of fairness and access to justice. While technological improvements and the digitalisation of divorce paperwork have made the process more efficient and user-friendly, the fee remains unreasonably high compared to the actual cost of delivering the service.
Government profits of £47 million from divorce filing fees, when costs are only £6 million, reveal a troubling imbalance. For many, paying nearly £600 just to submit paperwork is a burden that compounds the emotional and practical challenges of ending a marriage.
If the government is to address inequality in the system, it must ensure fee levels reflect costs, offer genuine help with divorce fees, and protect access to justice for all, especially in times of personal vulnerability.
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