How to avoid paying court fees when getting a divorce
Table Of Contents
If you are looking to get a divorce and both parties are in agreement, then it makes sense to consider which person should be the Petitioner.
The Petitioner is the person filing the divorce.
If you consider who is the petitioner you may be able to avoid the expense of paying the current divorce filing fee of £593.
Do you have to pay court fees for your divorce?
There is no point in paying a court fee to file the divorce unless you absolutely have to.
If one of you is in receipt of any of the following benefits, court fees will not be payable under the court fee exemption scheme;
• Income Support
• Income-based Jobseeker’s Allowance
• Pension Credit guarantee credit
• Income-related Employment and Support Allowance
• Working Tax Credit but not in receipt of Child Tax Credit Even if one of you does not receive the benefits that are listed above you may still be able to get exemption or paying a reduced amount.
We have produced a court fee remission and exemption calculator that will calculate the amount you have to pay (if anything).
For instance, if one of you earns less than £1,200 month and has two children, you won’t have to pay anything for your court fee.
No-Fault Divorce Is Now Divorce Law
The divorce law in England and Wales has changed to give way for a no-fault divorce. This means you no longer need to wait for a period of 2 years of separation or blame one party for the breakdown of your marriage. What’s more, it is no longer possible for your spouse to contest the divorce, allowing the divorce to proceed without friction or additional costs.
Key changes to know about No-Fault Divorce
Here is a breakdown of the key divorce law changes that came into effect on 6 April 2022.
- Couples can make a joint application for divorce – The first change is that divorce proceedings no longer must be initiated by one partner alone. Instead, a couple can make a joint application. While that may seem like a technical measure, supporters of the new law argue that it removes an in-built imbalance that undermines attempts to split amicably.
- Minimum of 20 weeks cooling off period – The law lays down a minimum allowable period of 20 weeks between the initial application and the conditional order, and another six weeks between the conditional and final orders. That means that even the quickest divorce will take at least six months to complete.
- Divorce Settlements – It is recommended that the mandatory 20 weeks reflection period is used to discuss and agree arrangements like a financial settlement if the split is inevitable.
- Divorce can be granted without blame – The previous list of five permissible ways to prove the breakdown of marriage has been replaced by a single mechanism. Now all that’s required is for at least one spouse to provide a legal statement to say the marriage has broken down irretrievably. This statement counts as conclusive evidence and cannot be contested.
- Legal Terminology – Some of the terms used in the divorce process have been updated. For example, decree nisi is now called conditional order and decree absolute is called final order.
How can Divorce-Online help you today?
Use our online divorce services to obtain a divorce without spending thousands of pounds.
There isn’t a simpler or more cost-effective way to end your marriage than by using our online divorce services. Find out more about how we can help you: