Head of Family Wendy Wharton writes:

The Ministry of Justice have recently completed a consultation about court fees and have confirmed those court and tribunal fees, including those for family proceedings, which will increase from May 2024. It has decided that the application fee for a divorce, currently £593, will not increase.

The consultation invited views from the public on the principle of increasing fees to reflect changes in the general level of prices, the scope of the fees that were proposed to increase, and the impact of the proposals on individuals with protected characteristics.

Several respondents also highlighted that applying for a divorce is a distress purchase for many, and that those who want to end their marriage have no choice but to go through the courts. It felt like those who want a divorce are being penalised for doing so because of high court fees.

Several respondents raised concerns about the impact of raising the divorce fee on access to justice, particularly on women as they are more likely to apply for a divorce than men. Some respondents also argued that the fee is already too high and that many couples would be obliged to stay in unhappy or abusive relationships because they would not be able to afford the fee.
Some respondents suggesting that the existing fee (£593) is mostly likely disproportionate to the underlying service cost. They highlighted that the administrative processes involved have been simplified through the introduction of a digitised service and no-fault divorce, which means that there is no longer a requirement for separating couples to apportion blame when filing for divorce, thereby also preventing unjustifiable contestations.
In light of such concerns, it has been decided not to impose an increase to the divorce fee as originally proposed.
The Ministry of Justice therefore agreed that an increase would not be proportionate at this time and the current fee will remain at its current value of £593.

The divorce process at the moment is basically split into three parts the actual legality of the divorce process, which is done predominantly now online, then there’s the issue resolving the financial aspects of a marriage and if there are any children involved then the third part of the divorce process is resolving any arrangements that you need to make in respect of the children.

It’s well-known that divorce is one of the most stressful life events you can experience. If you are going through a divorce, rest assured that feelings of anxiety are normal at this uncertain time, and that there are healthy ways to cope.

Divorce is a big step. We understand the difficult and sensitive nature of a divorce and we’re here to guide you through the process. Contact us to book a consultation today and let us take away some of the stress.