Following a consultation process, the Ministry of Justice has confirmed which Court and Tribunal fees, including those for family proceedings, will increase from May 2024 but it has been decided that the application fee for a divorce, currently £593, will NOT increase.
The consultation paper ‘Implementing increases to selected court and tribunal fees’, published on 10th November 2023, invited comments on the proposal to increase a selection of court and tribunal fees by 10% to partially reflect changes in the consumer price index (CPI) since 2021, the last time that fees were increased. This included asking for views from the public on the principle of increasing fees to reflect changes in the general level of prices, the scope of the fees that were proposed to increase, and the impact of the proposals on individuals with protected characteristics.
Several respondents raised concerns about the impact of raising the divorce fee on access to justice, particularly on women as they are more likely to apply for a divorce than men. Some respondents also argued that the fee is already too high and that many couples would be obliged to stay in unhappy or abusive relationships because they would not be able to afford the fee.
Several respondents also highlighted that applying for a divorce is a distress purchase for many, and that those who want to end their marriage have no choice but to go through the courts. One respondent quoted the comments made by former President of the Family Division of the High Court, Sir James Munby in the Justice Select Committee’s 2016 report on divorce and probate, specifically that divorce involves a “captive market”, with “no elasticity in demand” and that those who want a divorce are being penalised for doing so because of high court fees.
Other reasons cited by respondents who opposed an increase to the divorce fee focused on its service, with respondents suggesting that the existing fee (£593) is mostly likely disproportionate to the underlying service cost. They highlighted that the administrative processes involved have been simplified through the introduction of a digitised service and no-fault divorce, which means that there is no longer a requirement for separating couples to apportion blame when filing for divorce, thereby also preventing unjustifiable contestations.
In light of such concerns, the Ministry of Justice has now decided not to increase the divorce fee as had been originally proposed and so the Court fee to issue any application for a divorce will remain at its current value of £593.
If you are though in receipt of a low income or in receipt of certain state benefits, you may be entitled to either a reduction in the fee payable or even entitled to pay nothing at all and even if you have paid the entire fee up front you may be able to ask for some of the Court fee to be repaid to you – see the Government Site for more help and guidance surrounding court fees.
How can Prism Family Law help?
For a fixed fee now, we can help you not only to apply for a divorce but also for a fee exemption or remission and we can also guide you through the entire divorce and separation process from start to end.
If you have any questions about divorce, child arrangements or financial remedies on separation, then in the first instance, please contact solicitor Andrew Wraith at Prism Family law for more information on 0191 269 6871 or email [email protected] for help.
Disclaimer
This document is for informational purposes only and does not constitute legal advice. It is recommended that specific professional advice is sought before acting on any of the information given.