Is Divorce Expensive?

Many people facing divorce will be feeling very anxious and one of their main concerns will be about the costs of the divorce. Horror stories abound – but divorce does not need to be expensive. Here are our handy top ten tips to keep the costs of your divorce at a sensible level:-

1.     You can deal with the divorce yourself online – be sure to use the official gov.uk site as otherwise you will be stung for hidden charges.

Apply for a divorce - GOV.UK (www.gov.uk)

The legal divorce process itself attracts a court fee of £550.00 for administration of the divorce (this is due to rise to £593.00 shortly). If you deal with the divorce yourself online, using the government website, the divorce will not cost you anything other than the court administration fee.

If you can, talk to your spouse about what you are planning to do and the grounds you will rely on – this could avoid the delays and costs of defended proceedings.

2.     However, before you finalise your divorce it is extremely important that you have considered the financial matters related to the divorce, to make sure that you are not doing anything which will adversely affect you financially.

Many people do not realise that, if you apply for the Decree Absolute and you subsequently remarry, then you will no longer be entitled to make financial claims against your former spouse (unless in relation to pensions).

3.     Agree as much as you can between you.  If you can put your differences to one side, you will reap the rewards and save lots of legal costs!

The costs of dealing with a divorce generally arise as a result of the level of disagreement which exists between the spouses. If you need to, consider Mediation to help you get a deal done.

4.     Don’t reach a final agreement or sell or divide your assets until you know what there is and have legal advice, so you understand your rights. It will be far more costly to try to correct it down the line.

5.     Don’t delay indefinitely. Dealing with financial settlements years down the line is usually far more complex and costly. Let the dust settle, and then make a decision to get things sorted.

6.     Make sure there has been ‘full and frank disclosure’ which is a legal requirement and means that everyone has put all their cards on the table. If in doubt, seek legal advice. Although this may sound scary and costly, getting it right now could save you a great deal of money down the line.

7.     Only go to court when there is no other option – the delays in the court system and the lack of resources make going to court an extremely expensive option and therefore one to be avoided if at all possible.

8.     Take time to choose a lawyer that is right for you and your family - Many people still believe that if they get a strong and aggressive lawyer, this will be their best protection when getting divorced. However, most experts in the divorce world will tell you that the best lawyers are those who seek to address matters with others in a constructive and non-confrontational manner. The more you agree, the more likely it is that you can get along for the sake of the children.

9.     It is extremely important to ensure that you do seek the necessary expert professional advice before finalising a divorce and the financial matters associated with it. Especially if your finances are complex or involve pensions. Your divorce settlement will last a lifetime and may be all that is left of a marriage that has spanned many years or even decades. It is therefore extremely important for the costs of the divorce to be proportionate; don’t skimp on advice that will prove invaluable! Ensure that you get the advice that you need, so that you do not lose out.

10.  The greatest cost of divorce is the damage that it can cause to children who become caught in the middle of ‘warring’ parents. We all owe it to our children (and their children) to show them that divorce does not have to be destructive; is as much a part of life as marriage, especially when we know that 1 in every 3 marriages ends in divorce.

If you would like legal advice or mediation services and to understand more about the costs of divorce, then please do not hesitate to contact us by telephone on: 01702 932619 or by email: sybilla@agaseelaw.com.