Which party pays for the costs of a divorce?

A recent UK Family Law Consumer Research Report carried out by IRN Research revealed that almost two-thirds of couples who divorce or dissolve their civil partnership pay fixed legal fees, rather than being charged on an hourly basis, if they instruct a solicitor.

If you are the person applying for the divorce, the Petitioner, you may be able to include a claim for costs against the other person, the Respondent, in your divorce petition. Usually each person pays their own legal fees, and the Petitioner is responsible for paying the court fees and legal fees. However, you can claim costs if your divorce petition is based on one of the following grounds: adultery, unreasonable behaviour, or desertion.

If the Respondent agrees to contribute towards your divorce costs, the court will make a costs order at the Decree Nisi stage stating that they must pay the agreed costs. If they do not agree, you may both have to attend a hearing where the court will assess the costs claimed.

At George Green LLP our specialist Family Solicitors are experts in advising clients in respect of petitioning for divorce. If you would like any further information or advice, call Mark Vandaele on 01902 796930 (mvandaele@georgegreen.co.uk) at our Wolverhampton office or Rachel Baker on 01384 340 580 (rbaker@georgegreen.co.uk) at our Cradley Heath office.