The Costs of Going to Court in Divorce

Divorce is a complex process emotionally and financially, especially when it involves court proceedings. In England and Wales, if a divorce becomes contested and goes to court, the costs can escalate significantly. The reasons for a divorce becoming contested tend to be issues over finances and/or children. This blog provides insights into the potential expenses involved in a divorce where court proceedings are required and offers tips on managing and potentially reducing these costs.

Factors Influencing Court Divorce Costs

1. Court Fees:

The initial cost involves filing fees. As of the current rates, the court fee to file for divorce is approximately £593. This fee applies to both uncontested and contested divorces.

2. Legal Fees:

Legal representation is typically the most significant cost in a contested divorce. Solicitors and barristers invariably charge hourly rates, which can vary widely. Depending on the complexity of the case, legal fees can range from several thousand to hundreds of thousands of pounds in complex, high value cases. No two divorces are the same and it is impossible to give a set formula for costs in this blog but a good solicitor will be able to give a fairly accurate assessment of at least the basic costs involved in court proceedings.

3. Complexity and Duration:

The more complex the case and the longer it takes, the higher the costs. Factors like disputed child custody, division of high-value assets, overseas assets or business interests can lengthen proceedings.

4. Expert Witnesses and Reports:

In cases involving intricate financial arrangements or child welfare issues, expert testimonies or reports may be required, adding to the overall cost.

5. Ancillary Costs:

Additional costs can include expenses for mediation (if initially attempted), document preparation and other administrative fees.

Managing and Reducing Divorce Costs

1. Consider Mediation:

Before proceeding to court, exploring mediation as an alternative is usually the most cost effective way to reduce costs. Not only does it help in resolving disputes amicably, therefore often reducing the inevitable stresses which can occur, it reduces the need for prolonged court battles. The reality is that most matters can be resolved at mediation without requiring court involvement.

2. Clear Communication:

Keeping open communication with your solicitor can prevent misunderstandings and reduce time spent on correcting issues.

3. Organise Finances and Documents:

Having all financial information and documentation prepared can usually expedite the legal process and save costs associated with delays.

4. Negotiate Settlements:

Attempting to settle as many issues as possible outside of court can greatly reduce legal fees and court costs. Mediation inevitably helps here.

5. The potential of using a Sears Tooth agreement:

A Sears Tooth Agreement is a unique legal contract between a solicitor and their client that is predominantly utilised in family law cases. Named after the law firm Sears Tooth, which pioneered its use, this agreement enables solicitors to directly collect their fees from any financial settlement secured by the client, typically during divorce proceedings.

This agreement is particularly beneficial for financially disadvantaged parties (often the wife), who may not have the immediate resources to afford legal representation. It promotes access to legal assistance irrespective of one’s financial circumstances.

In a Sears Tooth Agreement, a solicitor’s fees are guaranteed by a charge on the assets involved in the financial settlement. This means that when a court mandates a settlement, the solicitor’s fees are deducted directly from that settlement before the client receives their portion. It’s essential that this agreement is meticulously crafted to align with the Solicitors Regulation Authority’s guidelines, that the client obtains independent legal advice and that the agreement it is documented in writing.

The Importance of Financial Planning

Given the potential costs of a court-centred divorce, comprehensive financial planning is crucial. Establishing a clear budget, exploring all legal options and seeking financial advice can help manage costs effectively.

Conclusion

Going through a contested divorce in England and Wales is costly, but understanding the components of these expenses is the first step toward managing them. By seriously exploring alternatives like mediation, maintaining clear communication with your solicitor and planning finances, you can navigate the process more smoothly and, potentially, more affordably. For personalised advice, consulting with us. We can provide tailored strategies to meet your needs and help ensure the best possible outcome.

Alexander JLO have decades of experience of dealing with divorce matters especially those relating to children and finances. We advocate that court proceeds are best avoided if possible to keep down both costs and stresses but are more than happy to fight your corner in mediation or court should it prove to be required. Why not contact us here or call on +44 (0) 207 537 7000 for a free, no obligation consultation and see what we can do for you?

This blog was prepared by Alexander JLO’s senior partner, Peter Johnson on the 1st March 2025 and is correct at the time of publication. With over forty years of experience in almost all areas of law Peter is happy to assist with any legal issue that you have. He is widely regarded as one of London’s leading divorce lawyers. His profile on the independent Review Solicitor website can be found Here