Our Blogs

It was recently announced that the fee payable to the courts when filing for a divorce would increase from £410 to £550. Whilst this has caused great consternation amongst members of the public, the legal profession and various members of the political class alike, very few outlets have reported on the fact that not everyone will be required to pay the full fee. Indeed, some will not need to pay it at all! As we have written previously, individuals who receive certain benefits or that have a low income may be entitled to have the court’s fees reduced or possibly even waived completely. The rules have changes somewhat in recent weeks, however, so we thought we’d write a brand new article explaining precisely who is entitled to a discount or remission and what you’ll need to do in order to ensure that you don’t pay the courts a penny more than you need to. The first and perhaps most significant change concerns your savings and investments: if yours total £3,000 or more, then it is unlikely that you will be entitled to any reduction in these fees. This figure does rise to £16,000 if the applicant is 61 or older, however. Provided the Petitioner has less in savings than the amounts stated above, they are guaranteed help with the fee if they receive one or more of the following benefits:

• Income-based Jobseeker’s Allowance
• Income-related Employment and Support Allowance
• Income Support
• Universal Credit (and earning less than £6,000 a year)
• Pension Credit

Whilst the court’s official guidelines no longer state exactly what help individuals that meet this criteria will be entitled to, they were previously exempt from paying the relevant fees in their entirety. The process of applying for help on this basis has also been simplified as applicants will no longer be required to provide proof of the fact that they receive these benefits, with the court’s staff instead contacting the Department for Work and Pensions directly in order to confirm this. If you do not receive any of the benefits listed above, you may still be entitled to help with the court fee provided your income is below a certain amount. Indeed, you may be entitled to a reduction in the fee or possibly full exemption, but you’ll need to calculate your income in accordance with the court’s instructions first. Sadly, as far as the courts are concerned, your income is more than just your salary and you will also need to include certain state benefits (you can find a list of those you won't need to include here), pensions, rent from any tenants, maintenance or any other regular income you receive. You will also need to calculate your partner’s income and combine this with yours if you live together. This is not necessary if you are filing for a divorce and you still share the marital property with your spouse, however, as you will be deemed to be living separate lives. If your income is below £1,085 per month (or £1,245 if you live as part of a couple) then you will be exempt from the court’s fees in their entirety. You can also add £245 to this figure for each dependent child that is under 16 (19 if in full-time education) and lives with you or that either you or your partner pay regular maintenance for. In the event that your income is greater than the figures stated above, you will still be entitled to help with the court’s fee if you earn less than £5,085 (£5,245 if living as part of a couple). Again, you can add an additional £245 for each dependent child you have. To calculate your discount, you should deduct £1,085 (or £1,245 if part of a couple) from your monthly income along with £245 for each dependent child. Following this, you should round the figure down to the nearest £10 and then divide this figure by half. The resultant figure is the fee that you would be required to pay to the court. So, imagine a person living alone with two children and earning the average national salary of £26,500. This individual would earn £2,208.33 every month from which they should deduct £1,575 leaving a figure of £633.33. This would be rounded down to £630 which, when then divided by two, becomes £315. As a result, such an individual would save £235 on their court fee. It was previously necessary to provide proof of income with any application for help with the court’s fees but this is no longer the case. Instead, applicants will be contacted following them having applied for help with their fees if the court requires evidence only. This should, in theory, make the process quicker with current documentation stating that reviews are expected to take no more than five working days. In the event that your application for help with fees is declined, you can appeal this decision if it is likely to result in you experiencing hardship. In other words, if having to pay the full fee would have a substantial and adverse effect on your day-to-day life such as if it would be likely result in your eviction or leave you unable to afford food. Ultimately, under the new framework outlined above, the process of applying for help with the court’s fees has been simplified, many people will be entitled to a discount in said fee and it would be advisable that you check whether you would be entitled to a discount or a full remission before applying for a divorce as a result.