Why Can Divorce Be So Expensive?
It is a sad fact that in England almost half of marriages fail and the husband and wife will divorce.
The average length of a marriage which ends in divorce is 12 years.
The value of the family law market in England is £2 billion in 2024 according to the UK Family Law Market Trends Report 2024.
In 2022, just over 80,000 couples divorced as reported by the Office of National Statistics.
The shocking reality is that in England the average cost of divorce is £14,500 (MoneyHelper). However, that sum is the average. Clearly, quite often the total cost to a person getting divorced and having their marital assets divided can be much more than £14,500.
So, what makes a divorce so expensive?
It is the multitude of documents which each party must send to the court which is the main cause of the expense of going to court. The time taken for a solicitor to draft the documentation is significant. In addition, there will be at least 2 court hearings which usually involves instructing barristers to represent each party.
Solicitors charge by the hour. The charging rate depends on the seniority of the solicitor, the complexity of the case and where in the county the solicitor practices. Therefore, charging rates vary from, say, £250 per hour to as much as £800 per hour for senior solicitors practicing in London.
Below is a table setting out the stages of the court case and the court fee that must be paid at each stage by a single party i.e. the husband or wife.
| Court Stages | Court Fees | Solicitor Charges | Barrister Charges | |
| 1 | Application to start court case | £275 | ||
| 2 | Financial disclosure (Form E) | |||
| 3 | 35 days before first court hearing: Parties exchange Form E | £1,500 + | ||
| 4 | 14 days before the first court hearing: Parties exchange: Questionnaire Statement of Issues Chronology | £1,500 + | ||
| 5 | At least 1 day before the first court hearing: Parties exchange: Joint Schedule of Income & Assets Joint Case Summary | £1,500 + | ||
| 6 | If a party wishes to instruct an expert (for example on pensions), the party must make a S25 application to court | |||
| 7 | First appointment at court – both parties attend Judge may make directions for further steps to be taken or fix a date for the Final Dispute Resolution Court Hearing if there is no settlement | £2,000 + | £3,000 + | |
| 8 | Final Court Hearing Both parties attend and cross examined by the other side’s barristerJudge makes a final court order | £5,000 + | £10,000 + | |
| 9 | Sub-Total | £275 + | £11,500 + | £13,000 + |
| 10 | Total | £25,000 + |
Who Pays for Going to Court?
Normally, each party pays his/her own legal bill unless one of the parties has behaved badly in the eyes of the court.
How Much Does An Expert Charge if One is Needed on the Case?
What if the Parties require an expert to prepare a report with regard to a certain part of the case? For example, a pensions expert?
The cost of an expert report usually starts in the region of £2,000 but can quite easily be as much as £4,000 to £5,000 depending on the complexity of the issues involved.
Is Legal Aid Available for Divorce?
Generally, Legal Aid is not available for divorce related legal work.
There can be exceptions such as where there has been a forced marriage.
Is it Possible to do a DIY Divorce?
The absolute minimum you have to pay to get divorced is the mandatory £593 application, after that it depends on your circumstances and legal fees. A DIY divorce can lower these costs substantially, but it should only be attempted if:
- Both of you have agreed to end your relationship
- Your finances are straightforward
- You don’t have children
Otherwise, the safe option is to instruct a solicitor.
How To Cut Down on Legal Fees?
The short answer is to avoid going to court to battle out the division of the marital assets.
It is quicker and less expensive to settle the split regarding assets and in most cases settlement is achievable.
