The Cost of Divorce and How Minimise Costs
We know the divorce process can be quite a lengthy and potentially stressful, so having a rough idea of the costs and ways to reduce these, can relieve some of the stress. Some costs involved are unavoidable like court fees or property costs when selling the former matrimonial home. However, there are methods available to all clients such as family mediation, which will significantly reduce the overall cost and time to finalise a divorce. Although this may not work for everyone, keep in mind that the more flexible and negotiable you are, the easier it will be to come to agreements and therefore have the chance to avoid costly hearings and long wait times for court dates.
Court fees
The initial fee to apply for a divorce is £593. Exemptions may apply if you’re on low income/ in receipt of benefits. Both sole and joint divorce applications will cost £593. If you and your ex-partner do reach a financial agreement, outside of court, you will need to speak with a family law solicitor who can turn your agreement into what is called a Consent Order. This is then filed with the court for the approval of a judge. The court fee for this is £53. If you and your ex-partner cannot agree on how to divide your finances, you will need to issue financial proceedings, in order for the family court to decide for you. The court fee for this is £275.
Solicitor’s fees
This will vary depending on which firm you choose to work with. Some firms work on an hourly-rate basis and others may use fixed fees for certain services. The type of work involved will also greatly vary the costs estimate, as a complex divorce case that involve assets overseas or a family business may require more negotiation, which in turn increases the costs. You may also instruct a solicitor to deal with child arrangements which will add to the overall cost. If a child matter cannot be successfully dealt with through mediation and parties need to turn to the courts, this will be an added expense.
Mediation (MIAM)
This method is usually much cheaper and quicker for the divorcing parties. This allows for an independent mediator to help both parties to try and reach a middle ground, particularly on terms they initially cannot agree on. It is important to note that before you can apply for a to the court to make a financial order or child arrangements order, it is a requirement to have attended mediation beforehand, unless one of the exemptions apply. Although it may be difficult to negotiate with your ex-partner whilst in the process of separating from them, it can save you money if you can avoid the need to go to court. There will of course be exceptional circumstances in which MIAM is not suitable such as cases involving domestic abuse, so alternative solutions are available here.
Additional costs
- Barrister’s fees for representation at court – this will vary between chambers
- Property costs such as – conveyancing solicitor’s fees, expert reports for property valuations
- Expert reports for company valuations, property, pensions and other assets.
- Legal fees for a new Will is needed
You may have also heard of a DIY Divorce – whereby parties will go through a divorce with little to no help from a solicitor. This may be available to divorcing couples who do not have any children or property which is usually where the major complications lie. However, it is wise to still use a solicitor at least once during a DIY divorce to mitigate any risks associated with doing it yourself.
How Starck Uberoi can help
Here at Starck Uberoi, we can help you through every step of the divorce, beginning with filing the application to drafting financial orders to regulate your finances. We can advise you on which arrangements will be most suited to your needs and your desired outcomes. Our aim is not to incur unnecessary costs, but to provide you with the best outcome for you and your family during what can be a very difficult time. Our family law solicitors work on an hourly rate and will not depart from what is agreed at the start of your matter. To book an appointment with our family lawyers, please call 020 8840 6640 or email solicitor@starckuberoi.co.uk. Our offices are located in Brentford, Ealing, London Belgravia and Canterbury, all within easy reach by public transport. Our partner, Raminder Uberoi, can also provide a Notary Public Service at any of our London office
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