How Much Does A Divorce Cost If Both Parties Agree

While considering the end of a relationship can be an emotional challenge, with nearly one-third of marriages ending in divorce and recent divorce legislation changes in April 2022 that have increased joint applications, it's practical to understand the divorce costs when both parties agree.

In a Nutshell

If both parties agree, a divorce can cost anywhere between £500 + VAT and £3,000 + VAT in solicitor’s fees for the petitioner plus an approximate £593 court fee. However, if you are the spouse you are considered to be the respondent and you would not be required to pay the court fee.

As costs continue to rise with inflation, let's look at how they are calculated and some tips to minimise expenses during a divorce.

How Does Reaching an Agreement Affect the Cost of Divorce?

Legal fees can quickly escalate if conflicts arise, as solicitors would need to negotiate terms on your behalf for issues like property division, child arrangement and spousal support.

Some divorce solicitors offer fixed-fee packages for uncontested divorces. These packages are often more affordable because they assume there will be no disputes. For example, a divorce solicitor might charge a fixed fee of £1,000 plus VAT to handle all paperwork and filings if both parties agree. This is far more predictable and manageable than an open-ended hourly rate, which can increase substantially in contentious situations.

Breakdown of Divorce Costs in the UK When Both Parties Agree

When you go through a divorce where both parties agree and child custody arrangements are settled, you are typically involved in two major and separate components of the process, even though they are usually dealt with simultaneously. The first component is the “Divorce Itself,” and the other is “Your Financial Agreement.”

Let's start with the cost of the first component.

Divorce Court and Legal Fees

The petitioner (the person who files for divorce) pays a court fee of £593 during divorce proceedings. This fee covers the administrative costs from the application stage to the final decree absolute.

If you work with a divorce solicitor at this stage, they can help handle all necessary paperwork and filings, which would result in additional legal fees. These fees vary but are at the lower end when both parties agree. You can contact Gavin Edmondson Family Law Solicitors for a consultation on what you can expect to pay for your unique case.

Financial Agreement Fees

Finalising a financial agreement is just as crucial when both parties agree to a divorce, even if the assets are minimal. Each party retains a claim on the other's assets until remarriage unless an agreement states otherwise.

This agreement, known as a Consent Order, records the division of assets or confirms a "clean break" if there are no assets. After the second stage of the divorce proceedings, there is a court fee of £58 for filing a Consent Order.

Solicitors often assist in preparing the Consent Order, but most require financial disclosure before advising on the merits of any agreement. GESols can help draft an agreed Consent Order after a consultation.

Other Potential Costs

In addition to court and legal fees, you might encounter other potential costs during a divorce, even when both parties agree. Mediation, for example, can add to the overall cost. It involves a neutral third party who helps you and your spouse resolve any remaining issues amicably, which is often worth it to avoid the higher costs and stress of a court battle.

Counselling services might also be necessary to help both parties and children cope with the emotional aspects of divorce, providing a healthy transition for everyone involved.

Also, keep in mind that attending court sessions and meetings with solicitors could incur travel and administrative costs. If one party fails to respond promptly to the divorce application, more legal steps might also be required, which can incur even more expenses.

Do Both Parties Have To Pay For the Divorce?

When it comes to covering the costs of a divorce, the petitioner, who submits the divorce application, is responsible for paying the court fee, which, as mentioned earlier, is around £593. However, it's not uncommon for both parties to share the financial burden in straightforward cases.

The petitioner can request that the respondent contribute to or cover some of these costs within the divorce petition. Some couples opt to split the solicitor fees and additional expenses equally, while others might agree on a different arrangement that works better for their specific financial situations.

Tips to Reduce Divorce Costs

To minimise the financial burden of divorce, consider the following tips:

1. Agree on as Much as Possible Beforehand: The more issues you and your spouse can resolve without legal intervention, the lower your costs will be. Discuss and agree on key matters like property division, child arrangements, and spousal support early to avoid lengthy negotiations.
2. Use Mediation Services: A neutral third party can help you and your spouse agree on any contentious issues, saving you the expense of going to court.
3. Opt for Fixed-Fee Legal Services: Many solicitors offer fixed-fee packages for uncontested divorces. These packages provide a clear, predictable cost for handling your paperwork and filings, which is often more affordable than hourly rates.
4. Do Your Paperwork: If you're comfortable handling some administrative tasks, you can save on solicitor fees. Filing documents and managing paperwork can be time-consuming, but it significantly reduces the overall cost.
5. Stay Organized and Responsive: Keep all your documents organised and respond promptly to legal requests or communications. This efficiency helps avoid delays and additional costs associated with procedural issues.

How Long Does A Divorce Process Take If Both Parties Agree in the UK?

In the UK, an uncontested divorce, where both parties agree, typically takes a minimum of 26 weeks from start to final divorce order based on the new “no fault divorce” April 2022 legislation. However, this timeframe can vary depending on a few factors.

Firstly, the process begins with filing the divorce petition. Once the petition is submitted, the court will issue a notice of proceedings to the respondent, who must then acknowledge receipt. This initial step usually takes a few weeks.

Your case then remains on hold with the court for around 20 weeks before you will be able to apply for a consent order.

After that, there’s a mandatory waiting period of six weeks and one day from the date the conditional order (previously decree nisi) is pronounced before you can apply for the final order (previously decree absolute), which finalises the divorce.

Delays can occur if there are procedural issues or if the court is backlogged. But generally, if both parties are cooperative and all paperwork is correctly filed, the process moves along smoothly.

It’s worth noting that even in amicable divorces, staying organised and promptly responding to court requests can help keep things on track and avoid unnecessary delays.

Can I File for Divorce Without a Solicitor?

Yes, you can file for divorce without a solicitor in the UK, often called a DIY divorce. This option can save you a lot of money, especially if you and your spouse agree on all major issues. However, it's important to understand the benefits and potential pitfalls.

A DIY divorce involves completing and submitting the necessary paperwork to the court yourself, starting with the divorce petition and the required court fee. You'll also handle subsequent paperwork, including the final divorce order (decree absolute) applications.

The main advantage is cost savings, as you avoid substantial legal fees. This is beneficial if your divorce is straightforward and both parties are cooperative. Handling the process yourself also gives you more control.

However, the paperwork can be complex, and mistakes can cause delays or rejection of your application. If your divorce involves complicated financial matters, property division, or child arrangements, a solicitor’s expertise can be invaluable in protecting your interests.

Ask Our Expert Divorce Solicitors

If you have questions or need expert assistance regarding your divorce, feel free to contact us. A consultation with Gavin Edmondson Solicitors can provide you with the legal help and direction you need to proceed confidently.

FAQS on Divorce Costs in the UK When Both Parties Agree

Can You Get a Quicker Divorce if Both Parties Agree?

Yes, when both parties agree on all terms, the divorce process is generally quicker.

Who Pays the Fees of a Divorce in the UK?

Typically, the petitioner pays the initial court fees, but both parties can negotiate and share the overall costs, including any solicitor fees, to manage the financial burden more equitably.

What is a Fixed-fee Divorce Service?

A fixed-fee divorce service offers a predetermined price for managing your divorce process, covering all necessary paperwork and legal procedures. This approach provides predictable costs and helps avoid the uncertainty of hourly legal fees.