Cost of Divorce Myths

Myth

“Our divorce is very amicable and we don’t want to involve costly solicitors.”

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Whilst you may be getting on well now, this could change in the future. It is important to consider setting your financial arrangements down in a Consent Order within divorce proceedings. You will then be able to apply to enforce the arrangement if things turn sour later on. Without a court order, you could subsequently face a costly legal battle over who gets what.

Myth

“There is no way of keeping the cost of divorce down or taking control of some of the costs myself.”

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There are many ways now in which the parties themselves can have control of the proceedings and, therefore, the costs. This can be through mediation or collaboration where the parties agree not to go to court and agree to find resolutions between themselves. Expert legal input will be needed though to ensure all the legal requirements of a divorce have been satisfied and the correct paperwork has been completed and filed.

Myth

“I want to divorce my wife on the basis that we have been separated for two years. Therefore, I don’t need a solicitor and it will be cheaper than if I was divorcing because of unreasonable behaviour or adultery.”

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You may require further advice as to whether you satisfy the criteria to obtain a divorce on two years’ separation. It is not automatic and you will require your wife’s consent. You will be quoted the same fee as if you were divorcing because of adultery, unreasonable behaviour or desertion, as the procedure is the same in each case.

Myth

“I’ve got no spare cash to get a divorce so I am entitled to legal aid.”

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Not necessarily. Public Funding (Legal Aid) is means tested, but is based on many factors, such as what your outgoings are as well as your income and assets. Any savings you have will be taken into account. It is best to seek the advice of a legal aid solicitor who can explain further about the application process.

Myth

“It costs about £20,000 to get a divorce these days. ”

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These sorts of costs are very unusual for the average family. For cases where there are disputes about the house, the business, the children and any other aspects that have to go to court, then costs could be run up but it normally costs a fraction of this figure. Some law firms will offer a fixed fee. If you and your partner agree to a divorce and have decided how the finances should be dealt with, you can often have a lawyer draw up the relevant financial agreement paperwork and also get the divorce pronounced for about £3,000 – £5000.