Divorce applications, whether they are made jointly or individually, attract a court fee when it is made. There are also additional court fees for financial applications, consent orders, and child arrangements orders.
Divorce applications, whether they are made jointly or individually, attract a court fee when it is made. There are also additional court fees for financial applications, consent orders, and child arrangements orders.
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You will have to pay court fees at various stages during a court case. For example, when you start your divorce application, if you want to make an interim application (application made during the proceedings), a hearing fee, or an enforcement fee. If you don’t pay the applicable court fee, then your case may be struck out or delayed. If it is struck out because you failed to pay the court fee, then it will be the end of your case, and you would have to start from scratch.
Joint divorce applications
Beginning any court proceedings, including those for divorce, involves paying a court fee, which is paid by the person making the application.
In joint divorce applications, “Applicant 1” is responsible for paying the court fee. Parties can agree to split the fee between them, but this is an informal agreement which the court is not privy to and will not become embroiled in. In the absence of an agreement as to how the fee will be paid, if you are named as Applicant 1, it will be you. In addition, the court will not grant a court order for your spouse to pay half of the court fee, either.
Single divorce applications
In individual divorce applications, the applicant is solely responsible for paying the court fee. The court is unlikely to make an order for your spouse to pay your divorce costs other than in extremely rare circumstances. If you are a sole applicant, you will not get a court order ordering your spouse to pay half the court fee.
Financial settlement and child arrangement applications
Divorce applications do not include court fees for financial settlement or child arrangement applications. These are usually paid by the applicant, and are unlikely to be recouped by a costs order. You may be eligible for legal aid in certain circumstances (domestic abuse, coercive control, or child abduction cases), which will cover the court fees, or you should apply for a reduction or complete remission if not.
Can I apply for a reduction in court fees?
Unfortunately, legal aid (public funding) is no longer available for divorce in England and Wales unless there has been domestic abuse or there is a real possibility of child abduction. However, if either party is on a low income or receiving certain benefits, they may be able to receive help with the court fee. This requires completion of the help with fees form which can be found on the gov.uk website.
Whether or not you will be eligible to receive help with court fees depends on be below criteria (note: the figures below were correct at the time of writing, but are subject to change):
- How much money you have in savings – you can have up to £4,250 in savings if your fee is £1,420 or less. If you are aged 66 or older, then you can have up to £16,000 in savings whatever the cost of the fee.
- The type of benefits you receive – you may be able to get the fee reduced/remitted if you claim income-based jobseekers allowance, income-related employment and support allowance, income support, universal credit and earn less than £6,00 per year, or pension credit (guarantee credit).
- Your income – this includes anything earnt before tax and any other payments received. If you are single, you can get money off your fee if your monthly income is £1,420 or less, and for those with a partner, the figure is £2,130. For each child you have between 0 and 13, monthly income can be increased by an additional £425 per month, and children aged 14 or over, the increase is £710.
The amount you will pay towards the court fee therefore depends on your savings, type of benefit and any income you have.
If it has been found that a court fee was overcharged or mischarged, you can apply for a full or partial refund. Overcharging involves being charged a fee greater than the cost of the service, whereas mischarging relates to being charged an incorrect fee or one that should not have been charged at all. You may also be entitled to a refund if you need to cancel the application and the court has not yet processed it, the court mistakenly processed the application after the request to cancel, or you have paid for the online service and the payment has been taken more than once because of system error.
What services do you get for the court fee?
When someone applies for divorce and pays the court fee, they receive the following services in return.
- Once the divorce petition is filed and the fee is paid, the court officially issues the divorce application and associated documents. This marks the beginning of the legal process.
- The court handles the legal processing of the divorce, including sending copies of the divorce petition and other relevant documents to the respondent.
- After 20 weeks, the court will send the Conditional Order to both parties.
- Following the Conditional Order, there is a waiting period of 6 weeks and one day before the applicant can apply for the Final Order. The court will assess the application and send out final orders to both parties which officially ends the marriage.
- If a financial or child arrangements application is made, the court fee contributes to the administrative costs associated with processing the applications, court time and hearings, the judge, court staff, and generally ensuring any legal and administrative requirements are met throughout the proceedings.
How do I pay the court fee?
You can pay the court fee in the following ways:
- By phone with a debit or credit card.
- In person at the court office by cheque, cash, debit, or credit card.
- Online using a debit or credit card.
Some fees can be paid by post with a cheque by making it out to HM Courts and Tribunals Service. However, if you use the online service, you are also encouraged to make the payment online too.
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