Who Pays the Costs of a Divorce?

One of the first practical questions people ask when facing divorce is: Who actually pays for it?

The answer depends on the type of costs involved — court fees, legal fees and any additional professional expenses, as well as the approach taken by both parties.

Court Fees

In England and Wales, there is a standard court fee to apply for a divorce.  This is currently £612.00 but in some cases, individuals on low incomes may qualify for fee reductions or exemptions.

Under the no-fault system introduced by the Divorce, Dissolution and Separation Act 2020, either one spouse can apply individually, or couples can submit a joint application.

• If one person applies alone, they usually pay the court fee upfront.
• If it’s a joint application, the fee is typically shared.

Legal Fees

Each spouse usually pays their own solicitor’s fees.

Unlike in the past, it is now uncommon for one party to automatically be ordered to pay the other’s legal costs. The shift to no-fault divorce has reduced the likelihood of the court penalising one spouse for the breakdown of the marriage.

However, costs can escalate significantly if:

• There are disputes about finances
• There are disagreements involving children
• One party is uncooperative

The more contested the process, the higher the overall legal spend.

Financial Settlement Costs

The divorce itself legally ends the marriage, but financial matters are dealt with separately.

Costs here may include:

• Solicitors’ fees
• Mediation costs
• Court application fees for financial orders
• Expert reports (e.g., pension valuations, property valuations)

In financial proceedings, courts have greater discretion to order one party to contribute to the other’s legal fees, particularly if there is a clear income imbalance or unreasonable conduct.

Mediation and Alternative Dispute Resolution

Many couples choose mediation to reduce costs and conflict. While both parties typically share mediation fees, this route is often significantly cheaper than contested court proceedings.