This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Learn about court fees in divorce proceedings in England and Wales, including the cost of filing a divorce petition, applying for financial orders, and seeking a Decree Absolute. Discover fee exemptions, reductions, and how to manage divorce-related costs.
Divorce proceedings in England and Wales can involve a range of legal and financial responsibilities, including various court fees. These fees are required at different stages of the divorce process and can vary depending on the specific actions taken. For those navigating the legal system, understanding the costs involved can be crucial for budgeting and managing expectations.
In this article, we will provide a comprehensive breakdown of the court fees involved in divorce proceedings. We will explain how they are structured, when they are due, and how to manage the financial aspect of a divorce.
Introduction to Divorce Court Fees
When a marriage or civil partnership ends, the parties involved are required to go through formal divorce proceedings to legally dissolve their union. Divorce can be a lengthy and complex process, and one of the financial considerations during this time is the payment of court fees.
Court fees in divorce proceedings are fees that must be paid to the court at specific points of the divorce process. These fees can cover the petition for divorce, financial orders, and applications for child arrangements, among other things.
Types of Divorce Court Fees
1. Fee for Filing a Divorce Petition
The first fee you will likely encounter in divorce proceedings is the petition fee. This is the fee for filing the divorce petition (Form D8) to initiate the legal process. As of April 2023, the fee for submitting the divorce petition is £593.
This fee is payable to the court when the petition is submitted, which can either be done by post or online. It covers the administrative costs of processing the divorce petition and beginning the legal process.
2. Fee for Applying for a Decree Absolute
Once the divorce process is underway, the final step is the Decree Absolute, which officially ends the marriage. To apply for the Decree Absolute, a court fee of £93 is required. This fee is payable when the applicant files the application after the Decree Nisi (the court's preliminary approval of the divorce) has been granted.
3. Fee for Financial Orders and Applications
In many cases, divorce proceedings involve applications for financial orders, such as maintenance payments, division of property, or other financial settlements. Fees for applications related to financial matters are charged separately.
For example, if a party needs to apply for a consent order (an agreement between both parties for how finances are handled after divorce) or financial remedy applications, there are additional costs associated. The fee for filing an application for a financial order can be up to £275.
4. Fee for Child Arrangement Orders
In cases where there are children involved in the divorce, parents may need to make applications to the court for child arrangement orders, including who the child will live with or how often they will see each parent. The court fee for making an application for a child arrangements order is £215. This fee applies if an agreement cannot be reached between the parents and they require judicial intervention.
Reductions, Exemptions, and Fee Waivers
For those who cannot afford to pay the court fees, there are several potential options for reductions or exemptions, including fee waivers.
1. Exemptions for Domestic Violence Victims
If an individual is the victim of domestic violence, they may be eligible for a fee exemption. The court recognises the additional hardship that victims of domestic abuse may face, and as such, these individuals may not be required to pay court fees in some circumstances. A victim of domestic abuse must provide evidence of the abuse, such as a non-molestation order, police reports, or other supporting documentation.
2. Fee Waiver for Those on Low Income
If the applicant's household income is low, they may be eligible for a fee waiver. This means they would not have to pay the court fees associated with their divorce proceedings. The financial eligibility is assessed based on the applicant’s income, savings, and the number of people in their household.
Those who are in receipt of certain benefits, such as Universal Credit, Income Support, or Jobseeker's Allowance, may automatically qualify for a fee waiver. In such cases, applicants will need to submit an application for fee remission along with proof of their financial situation.
To apply for a fee waiver, the applicant will need to fill out a form EX160. The court will assess the application and determine if the applicant qualifies for the waiver.
3. Reduced Fees for Those on Low Income
In some cases, the court may reduce the fees rather than granting a full exemption. This is especially true for individuals who earn slightly more than the income thresholds but still cannot afford the full fee. This reduction is also determined by the individual's financial situation and may require additional documentation.
How to Pay Court Fees in Divorce Cases
Court fees for divorce proceedings are typically paid to the HM Courts & Tribunals Service. The payment can be made via several methods:
- Online: For convenience, divorce petitions can be filed online, and payments can be made directly through the online portal. This method is preferred by many applicants because it's quick and straightforward.
- By Cheque or Postal Order: For those submitting paper applications, payments can be made by cheque or postal order to the relevant court.
- In Person at the Court: In some cases, applicants may also pay the fees directly at the court, though this is becoming less common with the increasing use of online filing systems.
How to Minimise the Cost of Divorce
Divorce can be an expensive process, but there are steps that individuals can take to reduce costs:
1. Seek Mediation or Collaborative Divorce
Before going to court, couples can consider mediation or a collaborative divorce process, which may help them reach agreements without the need for costly court hearings. Mediation involves a neutral third party helping the couple negotiate an agreement regarding the division of assets, child custody, and other issues. Mediation can be less expensive than a full court hearing and may reduce the overall cost of divorce.
2. Simplify the Divorce Process
If both parties can reach an agreement on the terms of the divorce, such as the division of finances or child arrangements, the process can be simplified. This could involve filing for a Consent Order or applying for a straightforward financial settlement. Reducing the complexity of the case may lower the overall legal costs, including court fees.
3. Look Into Legal Aid
If you are unable to afford the cost of divorce proceedings, you may be eligible for legal aid. Legal aid can help cover legal fees, although it typically does not cover court fees unless you meet certain criteria. Applicants who are survivors of domestic violence or those with very low income may be able to access both legal aid and fee exemptions.
Common Questions About Court Fees in Divorce
Do I have to pay court fees if I file for divorce?
Yes, a court fee is required when filing the divorce petition. The standard fee is £593. However, you may be eligible for a fee waiver or reduction if you meet specific financial criteria.
Can the court fee for divorce be refunded?
Once the fee is paid, it generally cannot be refunded. However, if your application for legal aid is successful, it may cover some of the costs.
What if I can’t afford the court fees for a divorce?
If you cannot afford the court fees, you may apply for a fee waiver or fee reduction based on your financial circumstances. You will need to fill out the EX160 form and provide proof of your income and savings.
Key Takeaways
Court fees are an essential part of the divorce process in England and Wales, covering the costs of filing a divorce petition, applying for financial orders, and seeking a Decree Absolute. The primary fee for filing the divorce petition is £593, while the fee for applying for a Decree Absolute is £93. Additional fees may apply for financial and child arrangement orders. However, those facing financial hardship may be eligible for a fee waiver or reduction, particularly if they are victims of domestic violence or on a low income.
