Under the current divorce process (which applies until 5 April 2022) one person applies to the court for a divorce by submitting a divorce petition. They are known as the Petitioner. The other spouse is the Respondent to the divorce.
The Petitioner will have to pay a court fee at the time they submit the divorce petition (currently £593). If they have instructed solicitors, they will also have to pay for the work that their solicitor does in assisting them with the divorce.
Does a Respondent have to pay for divorce costs?
The Applicant can tick a box within the divorce petition asking the court to make a costs order requiring the Respondent to reimburse them for the costs they incur for the divorce. This would include the court fee and any solicitors’ costs.
If the divorce petition is based on unreasonable behaviour, adultery or desertion of the Respondent (i.e. a fault based reason) it is common for the court to make a costs order.
It is often the case that couples will reach a compromise where they agree that the Petitioner’s costs will be shared equally between them. Ideally, it is best to do this before the divorce petition has been submitted to the court.
What to do If Your Spouse Has Applied for a Costs Order
When the Respondent receives the divorce petition, they must decide whether they agree to pay the divorce costs or not. The Respondent is required to complete an Acknowledgment of Service form. On that form they are asked whether they object to paying the costs of the divorce.
If the Respondent indicates that they do not object to paying the costs, or that an agreement has been reached that they will contribute to them, then the court will make a costs order. If the Respondent objects to paying the divorce costs, the court must decide whether to make a costs order or not.
Are legal fees higher for fault-based divorce, adultery, or unreasonable behaviour?
The court fee will be the same regardless of which fact is relied on in the divorce petition. However, you will typically find that solicitors may charge slightly more for dealing with a divorce which is fault based, particularly if it is based on unreasonable behaviour. This is due to the fact that more information needs to be included in the divorce petition.
What to do if a costs order has been made?
If a costs order has been made in a divorce the Respondent must comply with it and pay their spouse’s divorce costs. It will be necessary to establish with the Petitioner and/or their solicitors what the costs are and how these should be paid. If there is a dispute about whether the costs are reasonable, the court can list a hearing to take place to determine this issue and decide how much should be paid.
