Cost of Divorce
Understanding the costs of divorce From a legal perspective, divorce is simply the ending of a contract in law. It involves the completion of certain items of paperwork which have to be filed with the courts. The courts levy a fee for handling this paperwork, currently £340. There will also be the cost of any advice you obtain from a lawyer and their help in completing the divorce paperwork.
Very often, if a husband and wife are in agreement, a divorce can be completed amicably and quite quickly, though this will depend on the speed of the courts.
Woolley & Co offer a fixed fee for handling non-contested divorce cases. For more complex cases your lawyer will be able to give you a clear estimate on the cost of carrying out this work for you.
Most people have to pay these costs themselves, although some couples choose to split the costs between them.
Very few cases, however, involve only the divorce paperwork. In most marriages there is a marital home, money in a joint account or savings scheme, pensions held by one or both parties, and other issues which need to be agreed on. These can include division of household furniture, who will keep the family car, pets and so on.
In a marriage in which children are involved, there is also likely to be agreement needed as to which parent the children shall live with, and contact arrangements with the other parent.
If both parties can agree on how to split finances and/or arrangements for the children, a case can be very simple and may not require the parties to attend court. In these circumstances, your lawyer will ensure your agreement is a legally-binding document that both parties can then sign for the court’s approval.
But most people will need help from an experienced divorce lawyer to assist them in knowing what to negotiate for.
In some cases, a couple cannot agree even with the help of their lawyer and decide to let the court deal with things. This is when costs can begin to escalate. It is worthwhile understanding at the outset that, in addition to the lawyers’ fees, you will need to budget anything between £3,000 to £4,000 for the following:
- Court fees.
- Valuer’s fees in respect of the matrimonial home, other properties, policies and assets.
- Fees paid to pension fund managers for transfer value figures and other calculations.
- Fees paid to banks and credit card companies for copy statements, if not available.
- Fees paid to the HM Revenue for copy tax documents, if not available.
- Fees paid to independent financial advisers for advice on how to manage your financial affairs.
- Fees paid to actuaries to calculate pension sharing figures.
- Fees for a barrister to represent you at any final hearing.
Controlling the cost If you begin a divorce or civil partnership dissolution process having looked into the facts, it can help you significantly limit how much your costs escalate.
Below are a few inside tips on how to keep a lid on the cost of divorce.
Agree a fixed fee At each stage of your case, ask your lawyer how much it will cost. Make sure you are clear what is included in that cost. Ensure you ask about any additional charges, for example court fees and bills for things like photocopying large documents, travel costs, car parking and petrol, and barristers’ fees.
Understand who is working on your case The charges from your lawyer will depend on their level of experience and expertise in family law. Lower hourly rates are often charged by junior or unqualified lawyers, but they may not have the experience or expertise to best make your case.
Wherever possible, it is best to employ the services of a specialist family lawyer. They have greater experience in dealing with such cases exclusively, so will quickly get to the heart of the issues and will likely be a higher “grade” of lawyer than if using a general high street firm of solicitors.
Give clear instructions From the start, make sure your lawyer is clear on what it is you want to achieve, and stick to that. Changing your mind after discussions have started with the other party can result in extra work and delays.
Establish a protocol for correspondence If you do not want your solicitor to acknowledge correspondence or respond without authorisation from you, specify this in writing.
Try not to let emotional issues cloud the facts Avoid using your solicitor as a source of emotional support. If you need someone to talk to, Woolley & Co can recommend highly skilled and qualified divorce counsellors who are trained to help people through the emotional trauma of relationship breakdown. They too charge by the hour, but normally at a much lower rate than a fully qualified lawyer.
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