One of the most frequently asked questions during divorce proceedings in the UK is, “Who pays for the divorce?” As of April 2025, the standard divorce application fee is £612, and it is typically paid by the person who initiates the divorce, known as the applicant. However, if you’re filing a joint application, you can agree to share the cost equally. Generally, the court will not make an order requiring the other person to contribute towards the costs of the divorce unless they have behaved in a way that has created delay or unnecessary additional costs.
It’s important to note that this application fee only covers the cost of filing for divorce. Additional expenses, such as solicitor fees, can arise when negotiating financial settlements, dividing joint assets, or arranging children agreements.
If you’re on certain benefits or have low income and savings, you may be eligible for financial assistance with court fees through the Help with Fees scheme. To see if you qualify, visit the official UK government website at www.gov.uk.
How to reduce divorce costs
It is possible to negotiate a financial agreement and child arrangements without going to court and therefore reducing divorce related costs. This can be achieved via a collaborative negotiation or through mediation.
Collaborative
A collaborative divorce process is where both spouses and their specially trained collaborative solicitors work together to resolve the terms of their separation — such as finances, property, and child arrangements — without going to court.
The process typically involves face-to-face “four-way” meetings, where all parties work together openly and respectfully to reach an agreement.
Once an agreement is reached, it can be submitted to the court in the form of a consent order, which makes it legally binding — without the need for a court hearing.
Mediation
Mediation involves a trained, independent third-party mediator helping both individuals resolve disputes — such as those related to finances or children — outside of court. In most family cases, (e.g. before applying to court), individuals must attend a Mediation Information and Assessment Meeting (MIAM) with a professional mediator first, unless an exemption applies.
Any agreement reached through mediation is not legally binding on its own. To make it enforceable, you’ll need to have a solicitor draft a consent order, which is then submitted to the court for approval.
In most cases, people will benefit from legal advice before and during the mediation process.
Who pays the divorce costs if we disagree?
In family law, the general rule is that each party pays their own legal costs.
However, the court can make a costs order requiring one party to contribute to the other’s legal fees — usually if there has been unreasonable behaviour, such as refusing to negotiate, failing to comply with court rules, or unnecessarily prolonging the case.
So even if you didn’t want to go to court, you are likely to bear your own costs, unless the judge decides the other party should contribute due to their conduct.
Who pays divorce costs if there has been infidelity?
Under the Divorce, Dissolution and Separation Act 2020, which came into effect in April 2022, fault-based grounds like adultery are no longer required or considered when granting a divorce. This means that infidelity does not affect who pays divorce costs.
Who pays divorce costs if one person can’t afford it?
Sometimes, if one spouse has significantly greater financial resources, the court may order them to contribute to the other’s legal costs — possibly through a Legal Services Payment Order during the case or by means of a costs order or award at the end of it. However, this is not automatic, and the court will assess the circumstances carefully.
If someone cannot afford legal representation, they may be eligible for Legal Aid, though it is only available in specific family law cases, such as those involving domestic abuse or for family mediation. Legal Aid is means-tested and depends on both income and the strength of the case.
Who pays other divorce costs, such as estate agents, childcare etc.?
If you and your spouse own a home, selling it usually involves estate agent fees, mortgage fees and other costs. These costs are typically paid from the sale proceeds of the property.
If the property isn’t sold immediately, who pays ongoing mortgage, maintenance, or bills needs to be agreed between you via a financial agreement. Often the person living in the house chooses to cover these costs, or they are split between you. When you negotiate a financial agreement, these costs may be factored in, so the division of assets will account for who paid what.
After divorce, child maintenance arrangements are made, either privately or through the Child Maintenance Service (CMS) to ensure the child’s needs are met. Where relevant, childcare costs (nursery fees, childminder fees, school fees, extracurricular activities) are either shared or divided in a way that’s fair and proportionate to each party’s income.
If there’s a dispute, courts can intervene to decide a fair division of these costs.
Key costs to consider during a divorce
Divorce application fee: £612
Financial order application fee: £313
Child arrangement order fee: £263
Average mediation costs: £600 – £1,000 per person
In the UK, the cost of a divorce can vary depending on the situation. For straightforward cases, costs typically start from around £1,200 per person. If no financial settlement is needed and the couple completes the process themselves online, the cost may be limited to just the court fee. However, if the divorce involves disputes over finances or children, costs can rise significantly depending on the complexity of the case and the level of legal support required.
Key takeaways:
- In the UK, divorcing couples must pay a £612 application fee, typically paid by the person who starts the process, though it can be shared in joint applications.
- Legal costs, like solicitors or court fees, are separate and can quickly add up, especially in contested cases.
- Most people cover their own legal fees unless a court decides otherwise due to unreasonable behaviour.
- Other expenses, like childcare or housing costs, are usually split via a financial agreement.
- Divorce costs can be reduced through mediation or a collaborative negotiation avoiding court.
- Help with fees is available from the Government for those on low incomes.
Understand divorce costs better. Speak to an expert.
Whether you’re worried about solicitor fees, court costs or who pays what when it comes to shared assets or childcare, our experienced divorce solicitors can help you navigate your options with clarity. Book a free, 30-minute consultation with one of our local divorce experts today. Call us on 0800 321 3832 or complete our online form to get started.
Kate Brooks
Family law solicitor
