Who Pays Legal Fees for a Divorce?
Divorce can be emotionally difficult and financially challenging. One of the first questions people ask is, “Who pays for the divorce?” or “What are the legal fees and who covers them?” If you're navigating a divorce in England or Wales, this guide explains how divorce costs are handled, including who pays solicitors' fees, what court fees apply, and how costs are shared (or not) between separating spouses.
However, the question of “who pays” is not entirely straightforward, and requires some explanation. The position is slightly different depending on what aspect of the divorce one is considering.
Divorce: if the divorce itself is uncontentious and the jurisdiction of the English & Welsh courts is not in question, then the costs in an undefended divorce are minimal. In such circumstances, we offer a fixed fee in acting for the applicant of £500 plus VAT, plus the court fee (currently £612). These costs are met by the applicant in the first instance but may be shared by agreement.
Finances: the “no order” principle on costs applied to most financial cases on divorce. This means that each party is responsible for their own costs that they incur. There are exceptions to this, such as certain interim applications, or appeals, and the court is able to make an order that one party pays the other’s costs in certain circumstances.
Children: again, the no order principle applies although it is rare for the courts to make a costs order in children proceedings.
When might the court make a costs order?
In proceedings where the “no order” principle applies on costs, the starting point is that each party meet their own legal costs. However there are certain circumstances which may give rise to one party making a successful application against the other party for a costs order in their favour.
Litigation misconduct may be one such reason, for example where a party has not provided full and frank financial disclosure, has caused delay or has failed to comply with an order of the court. Another point that can give rise to a costs order is a party’s failure to negotiate, and a failure to consider any form of Non-Court Dispute Resolution (NCDR) prior to going to court.
Who Pays for the Divorce If There Is a Significant Financial Disparity Between the Parties?
When one spouse has considerably greater financial resources than the other, the court may be more inclined to intervene on the issue of legal costs. If the financially weaker party has no resources (including borrowing) to pay for their own legal representation, they may apply for what’s known as a Legal Services Payment Order (LSPO) under section 22ZA of the Matrimonial Causes Act 1973.
This order compels the wealthier spouse to contribute to the other’s legal fees, ensuring a fair opportunity to seek advice and representation.
The court will consider the paying party’s ability to meet their own legal costs, and whether other funding options (such as litigation loans) are available. These orders are particularly common in high-net-worth divorce cases or where there’s a risk that the financially stronger party might use their position to gain an unfair advantage in proceedings.
A similar application can be made in relation to children, which is known as a costs allowance application, under Schedule 1 of the Children Act 1989. The criteria are relatively similar to a LSPO but also include consideration of the merits of the underlying application.
What If I Can’t Afford Divorce Costs?
If you're on a low income or receive benefits, you may be eligible for help with court fees via the Help with Fees scheme from HMCTS. This can reduce or eliminate the £612 divorce application fee.
Legal aid is very limited in family law cases but may still be available in cases involving domestic abuse or child protection concerns. Ribet Myles do not offer Legal Aid work.
Do You Have to Go to Court — and Who Pays Then?
Not necessarily. Most divorces are resolved without court hearings. But if financial disputes or child arrangements can't be settled, you may end up in court — which increases costs for both parties. Each party usually pays their own solicitor and court fees unless the judge orders otherwise.
Court fees for financial proceedings or child arrangement orders range from £215 to £275, plus solicitor and potentially barrister fees.
How Much Does a Divorce Cost in England and Wales?
Here's a rough breakdown:
Divorce: for a simple, uncontested divorce as applicant, we offer a fixed fee of £500 plus VAT, plus the court fee of £612. For cases involving contested jurisdiction applications, the fees could be £10,000 or more.
Finances: it is very difficult to give an estimate of the costs that would be incurred dealing with the financial aspect of your case as it varies wildly. It could be £2,000 if it simply involved us dealing with the paperwork of an agreement that you were able to reach with your former partner yourself. If disclosure was required, and we handled the settlement negotiations, it might be £5,000 to £10,000. A Private FDR might cost £20,000 to £25,000 and fully contested proceedings £50,000 or more.
Children: again, this is very difficult to predict, but costs are unlikely to be dissimilar to those in the financial section above.
(The above figures are exclusive of VAT, which is charged at 20% for those liable)
Speak to Our Family Lawyers
At Ribet Myles, our specialist family lawyers offer tailored advice and clear pricing to help you move forward with confidence. Whether your divorce is straightforward or involves high-value assets and disputes, we can help you understand your options and keep costs manageable.
Call us on 020 7242 6000 to book a confidential consultation.