Does Anyone Know How Much Court Costs Are For A Divorce???

overdrawn

Hi,
does anyone know how much it costs for court costs for an undefended divorce?
i am on legal aid as on benefits,so is hub. will he have to pay costs as he hasn't got a solicitor?
hope someone can help,
thanks,
louise

Bossyboots

There will be no court costs as being on benefits means you do not have to pay the fees. Whoever is lodging the divorce petition will need to complete an application for exemption from fees form to go with it.

overdrawn

thankyou bossy boots. i thought that was the case. hub has just received the petition and it asks about costs it has got me confused. should he object due to being on benefits then? he doesn't have a solicitor and has agorophobia so there's not much chance of him getting one so it's up to ME to sort it out !!!!!!!!!!!!!!!!! :eek:

Bossyboots

Yes, he should object to paying the costs because he is in receipt of benefits and he is not in a position to pay. Did your solicitor draw up the petition? If so, they could have removed the bit about costs and saved you both this worry. It may have been left in as a bargaining tool in case he did not return the acknowledgement but he doesn't need to worry about it.

The costs referred to in the petiton are actually your legal costs of lodging the petition and as you are doing this with the benefit of legal aid and he is in receipt of benefits himself, the costs are minimal anyway. The fee to your solicitor for doing this will be less than £250.

Even if the court orders that he should pay the costs (don't worry, that is not going to happen in this case and is actually quite rare these days as the parties usually have legal aid or agree something themselves anyway) that does not mean your solicitor has to ask for them.

When the divorce is granted, the judge will simply not make a reference to the costs.

Under the Access to Justice rules, your hubby can ask a solicitor to visit him at home under the legal aid scheme.

overdrawn

thankyou you have put my mind at rest a bit now. :T

Bun

A little while since I've had any experience with this sort of thing, but if it's amicable/mutual you used to be able to apply to the courts to do it yourself without solicitors, which cost about £150 -£220. It is easier if no assets to share, no children etc.

Bossyboots

Bun wrote:

A little while since I've had any experience with this sort of thing, but if it's amicable/mutual you used to be able to apply to the courts to do it yourself without solicitors, which cost about £150 -£220. It is easier if no assets to share, no children etc.

It is now £240 to do it yourself, £210 to issue the petition and £30 to apply for the decree absolute. Those on income support and some other benefits are exempt from those fees.