Who Pays for a Divorce in the UK?
When you are considering divorce, one of the first practical questions that often arises is: who pays for a divorce?
Many people across West Sussex want clear guidance before taking the next step.
This article explains how divorce fees work, who usually pays, when one spouse may be ordered to contribute to the other’s costs, and how you can keep expenses proportionate.
At a Glance: Who Pays Divorce Costs in the UK?
- Court fee — Usually paid by the applicant (the person starting the divorce), though couples can agree to share the fee in a joint application.
- Solicitor fees — Each spouse normally pays their own legal costs.
- Cost orders — Rare under the no-fault divorce system and only considered when a spouse causes unnecessary additional costs through unreasonable conduct.
Understanding Divorce Costs in the UK: Who Pays?
In most cases, each spouse pays their own solicitor fees, while the applicant pays the court fee needed to start the process.
With the introduction of no-fault divorce, disputes about blame no longer occur, making cost orders much less common and encouraging a more cooperative approach.
What Does a Divorce Cost in the UK?
Court Fee
The standard court fee to apply for a divorce is £593 (correct at the time of writing).
This is paid upfront by the applicant unless you both agree to split the cost.
Solicitor Fees
Legal costs vary depending on the level of support you need and the complexity of your situation.
We provide clear guidance from the outset and will help you understand the likely costs based on your circumstances.
Learn more about our divorce services.
Financial Settlement Costs
Sorting out financial matters is separate from the divorce itself.
These costs depend on how straightforward or contested your financial arrangements are.
More information can be found here.
Typical Overall Costs
Here at Bennett Griffin LLP, we offer a fixed fee of £850 plus VAT and the court fee, ensuring that you know what you will be paying at the outset.
This fee covers the divorce itsel,f and the more complex financial matters and child arrangements are charged at our hourly rates.
The total costs will vary depending on the complexity of the issues and any level of agreement that can be reached, and we will discuss the likely overall costs at our initial consultation.
These figures are indicative only; we will always provide tailored guidance.
Who Pays the Court Fee?
The person who applies for the divorce, the applicant, pays the £593 court fee.
If you make a joint application, you can agree to share this cost.
If you apply alone, you may still agree to split the fee, but your spouse does not have to contribute.
Who Pays the Solicitor Fees?
Generally, each spouse pays for their own solicitor.
This is the simplest and most common arrangement, especially under the no-fault divorce system, where blame is not assigned to either party.
Cost Orders: When One Spouse Might Have to Pay the Other’s Fees
Cost orders are now far less common, but they can still happen in limited situations.
When Cost Orders May Be Considered
A court may consider a cost order if one spouse behaves unreasonably and causes the other to incur extra legal fees.
This could include ignoring correspondence, refusing to engage with the process, or causing unnecessary delays.
Cost orders are not based on who earns more, who initiated the divorce, or who is “at fault”.
Since no-fault divorce cannot be contested except on very limited technical grounds, many applications progress smoothly without the need for cost-related decisions.
What If Your Spouse Refuses to Contribute?
If your spouse refuses to share the court fee or cover any of your legal costs, you can still proceed with the divorce.
A cost order may be requested, but it will only be granted if the court believes the other spouse’s conduct has caused unnecessary additional expense.
Who Pays for Financial Settlement Costs?
Financial settlements — covering assets, property, pensions, savings and maintenance — are separate from the divorce process.
Each spouse usually pays their own legal costs for this stage, unless the court decides otherwise due to litigation conduct.
We can guide you through the process to protect your interests and keep costs proportionate.
Learn more about our divorce and financial settlement services.
How No-Fault Divorce Affects Costs
No-fault divorce was designed to reduce conflict, delay and cost.
By removing blame from the process, couples can generally move forward more constructively, which often results in lower legal expenses.
Ways to Keep Divorce Costs Down
Consider a Collaborative Approach
Collaborative law can help couples avoid conflict and reach agreements efficiently.
Be Organised with Paperwork
Providing clear and complete information helps reduce the time spent gathering details later.
Stay Focused on a Constructive Outcome
Disputes increase costs. We will help you stay focused on the key issues.
Seek Advice Early
Early guidance can help you avoid unnecessary mistakes and expenses.
Do You Need to Update Your Will After Divorce?
Your divorce does not automatically update your Will.
Many people choose to review their Will as soon as their relationship changes, to ensure their wishes are clearly recorded.
Frequently Asked Questions
Who normally pays for divorce costs in the UK?
The applicant pays the court fee. Both spouses normally pay their own solicitor fees.
Can my spouse be forced to pay for the divorce?
Only in rare cases where their behaviour has caused unnecessary cost.
What happens if my spouse refuses to pay anything?
You can still proceed. The applicant pays the court fee, and solicitor fees remain separate.
Does no-fault divorce make cost orders less common?
Yes. Because blame no longer forms part of the process, disputes are reduced, and cost orders are now unusual.
Speak to Our Family Law Team
If you are unsure who should pay for a divorce, or you would like tailored advice based on your situation, our Family Law team is here to help.
We support individuals and families across Worthing, Chichester and wider West Sussex with clear, reassuring guidance throughout the process.
We will help you understand your options so you can move forward with confidence.
Important Note (Disclaimer)
This article provides general information only and does not constitute legal advice. Please contact our team if you require advice tailored to your personal circumstances.