When you are contemplating a divorce one of your questions for your family lawyer is whether you or your spouse will have to pay the divorce legal fees.
With the introduction of no-fault divorce proceedings, family law solicitor, Angelique Holm, looks at who pays the legal fees in no-fault divorce proceedings.
London Family and Children Law Solicitors
For divorce legal advice call family law solicitor Angelique Holm on 0203 488 8620 or email [email protected] or contact me here.
Divorce costs
When family lawyers talk about divorce costs, they are referring to the costs of the divorce proceedings and not advice and representation in associated proceedings such as:
- An injunction application for a non-molestation order or ouster injunction to protect from domestic violence
- An application for a child arrangement order to resolve child contact or custody arrangements
- An application for a financial court order to secure a divorce financial settlement
If you are not sure what is covered in a divorce costs quote it is best to ask and to make sure that your family lawyer provides clear cost information on the separate divorce, children law, and financial settlement court proceedings.
No-fault divorce proceedings and legal fees
The general rule is that if you start no-fault divorce proceedings you will each pay your own legal costs. With no-fault divorce proceedings, you have the choice of making a joint application for a divorce or making the application as a sole applicant. The process is similar whether you apply on your own or jointly with your estranged husband or wife.
The court will not make a divorce cost order in no-fault divorce proceedings unless circumstances are unusual. That’s because the new divorce law is designed to take the fault out of divorce and to make divorce proceedings less adversarial.
Family solicitors say that although the divorce court is unlikely to make a divorce costs order in no-fault divorce proceedings you can still reach an amicable agreement over sharing the divorce costs with your separated spouse. For example, if you are the sole applicant for a divorce the application fee payable to the court is £593. You could agree to split this court fee with your husband or wife.
Technically, in no-fault divorce proceedings, you can ask the court to make a costs order so your husband or wife pays your divorce fees but the guidance says the court should only make a costs order if there has been clear and obvious misconduct on the part of your husband or wife.
When looking at no-fault divorce costs the court will not look at the reasons for the marriage breakdown but will look at conduct during the course of the divorce proceedings. For example, a spouse may challenge the jurisdiction of the court in England to make a divorce order. If this is a spurious challenge to jurisdiction the court may make a cost order in your favour because the respondent’s position was unreasonable.
Fixed fee no-fault divorce proceedings
With no-fault divorce proceedings, we offer a fixed-fee divorce service whether you are applying as a sole applicant or jointly with your estranged husband or wife.
For more information on our fixed-fee divorce services and how we can help you reach a parenting agreement or secure a financial court order then call us on 0203 488 8620 or email Angelique Holm at [email protected]or contact us here.
In addition to providing you with information about fixed fee divorce costs and timescales to secure your divorce, we can also talk to you about whether you need our help in resolving child contact or custody or representation in child arrangement order proceedings or help in reaching a divorce financial settlement and securing a financial court order.
London Family and Children Law Solicitors
If you divorce law or family law advice call family law solicitor Angelique Holm on 0203 488 8620 or email [email protected] or contact me here.