The cost of divorce in 2022 is, unfortunately, the first thing that many people worry about when considering ending a marriage. We say unfortunately because, here at Higgins Miller, we feel that people should feel able to access the legal help and support they need and therefore receive fair treatment without having to worry about whether they can afford to do so. We specialise in family law, dealing with issues such as wills and probate, adoption and interaction with social series. This means that we understand the stress and anxiety people often feel when dealing with legal issues, and this is particularly true when a relationship has come to an end.
People may worry about the cost of divorce in 2022 more than they would have done previously because the law around divorce has changed this year. This change involved the introduction of ‘no-fault divorces’, meaning that someone wanting to get divorced would no longer be compelled to establish the grounds for that divorce. This change came into force on 6th April 2022, and prior to this, people wishing to get divorced would need to come up with a reason from the following:
Adultery – your spouse has committed adultery with someone else and you find it impossible to continue living with them
Unreasonable behaviour the behaviour of your spouse is such that you find it impossible to carry on living with them. Unreasonable behaviour was the most common choice as grounds for divorce as it covers such a wide range of options, including infidelity less than full adultery, domestic abuse, coercive control, bullying or even something like neglect of a spouse in favour of work or a hobby.
Desertion – your spouse has left you against your will and you have lived separately for at least two years
Separation for two years – you have been separated from your spouse for at least two years and you both agree to get divorced
Separation for five years – you have been separated from your spouse for five years, whether they agree to a divorce or not
What this means, in practical terms, is that someone wanting to get a divorce will simply have to present a statement of irretrievable breakdown, and this statement can be presented jointly or by just one of the parties involved. When one of the parties presents a statement of this kind, the other party will no longer have the right to contest the divorce. The language surrounding divorce was also changed, in an attempt to make the process more accessible and remove some of the arcane legal terminology. A ‘Decree Nisi’ will now be called a ‘Conditional Order’, while a ‘Decree Absolute’ will be called a ‘Final Order’. In addition, anyone concerned about the cost of divorce in 2022 should understand that there is now a minimum period of 20 weeks between the initial period being presented and the date of the Conditional Order.
During this 20 week period, parties will be encouraged to access impartial mediation in order to deal with issues such as which parent any children will live with and who will continue to live in the family home. Ideally, they will also reach agreements on the kind of financial matters which often cause the greatest conflict during the divorce process. The more conflict and argument there is – particularly if it leads to more appearances in court – the higher the cost of divorce in 2022 is likely to be. The financial issues which can be decided through a process of mediation and clam discussion include:
How the parties divorcing will deal with on-going household
How any outstanding joint debts will be handled
The process for dealing with any outstanding joint debts
The process for dividing jointly owned assets such as savings and investments
The more agreement that can be reached on issues such as these, the less time you are likely to end up spending dealing with solicitors and courts and so the lower the cost of divorce in 2022 is going to be. That’s not to say that you should go without expert legal help altogether, of course, because the decisions being reached will impact on the life of all the parties involved for many years to come. It’s vitally important to work with legal experts like those at Higgins Miller in order to ensure, for example, that every item of paperwork required is filled in properly. The good news for those who are concerned about cost of divorce in 2022 spiralling out of control is that we work on a fixed fee basis. Whether we handle the whole of the divorce process from first application to the Final Order, or deal with individual aspects of it which you feel should be in the hands of professionals, you’ll know exactly what you’re going to be paying every step of the way.
If we act on your behalf for an agreed divorce (all divorces being uncontested since the change in the law), then the fixed fee is £395 plus VAT, which covers being instructed, obtaining the divorce papers and all other steps up to the Final Order. At the time of writing there is a court fee of £593. If the Final Order is applied for later than a year after the Conditional Order, there will be an additional court fee of £53.
In addition to the fees mentioned above, we charge the following fees for individual actions within a divorce process:
- Obtaining a copy of a UK marriage certificate – £20, including any church or registry fee
- Obtaining an official translation of a marriage certificate – £20, plus an additional fee for the services of a translator, the amount of which will be dictated by the language originally used and the length of the document
- Applying for the court to waive the need for a marriage certificate or rely upon a photocopy – £60, plus a court fee of £53
- Arranging for a divorce petition to be personally served – £30. If your spouse is ignoring the divorce papers this will provide proof of receipt. It will also involve a process server’s fee which will reflect the difficulty in tracing your spouse.
- Applying for the court to accept deemed or substituted service – £60. Applications of this kind will be appropriate if you know your spouse has received the divorce papers but is yet to reply, or if you don’t know where they live. There will also be a court fee of £53.
- Applying for the process of serving a petition to be dispensed with – £200. This may be needed if your spouse can’t be found, and will cover the cost of contacting known addresses and bodies such as banks to enquire whether they know where your spouse might be. There will also be a court fee of £53.
- Amending a divorce petition after it has been lodged with the court – £40, plus a court fee of £95.
If you’d like to find out more about the cost of a divorce in 2022 please call us on 0161 429 7251 or email us at [email protected]. We’ve recently passed our Cyber Essential accreditation, something which demonstrates our forward-thinking attitude and determination to remain ahead of the competition. The first 20-minute appraisal is provided free of charge, and we’ll give you the first appointment for a fixed fee, so you don’t have to worry about how much our advice is going to cost. If you want to explore our wider charging system then please take a look here.
