It is important that you understand the costs of divorce from the outset. Our divorce lawyers will be able to give you a clear estimate on the cost of divorce if the matter is complex. They can also explain the fixed fee divorce cost we offer as well as other options you might want to explore such as litigation funding.
In order to be prepared for the costs you may incur it is important to bear in mind your circumstances once you have decided to divorce.
Contact Our Divorce Solicitors to Discuss Divorce Costs
Hourly Charges for Divorce
The traditional method of payment for legal fees, particularly in family matters, is based upon an hourly rate which is attributed to the work that is undertaken. The more work that is undertaken, the higher those fees will be. We strive to give clear estimates in relation to cases, but the very nature of family cases means that unexpected events can arise in individual circumstances of the case which can lead to additional work being required which was unforeseen at the outset of your case. In such circumstances, our initial estimates may need to be revised. Any change of these estimates will always be subject to consultation with you.
The hourly rates that are attributed to a case will depend upon the nature of the case and the individual legal representative that assists you. We endeavour to work as a team at Crombie Wilkinson to ensure that the best advice is given to you at the appropriate cost.
‘Supported Advice’ For Your Divorce
In addition to full representation, we are happy to provide "Supported Advice" rather than full representation.
Crombie Wilkinson "Supported Advice" offers you the following:
1. You act in person. You can obtain advice from us as and when you need it.
2. We can assist with regard to drafting and completion of Court forms, preparation of letters for you and the matter is then handed back to you to proceed further.
3. You can use us as much or as little as you wish.
4. Supportive sessions are undertaken at a fixed cost with an expectation that you will pay those fees at the appointment.
Please feel free to discuss the various family fee schemes with the legal representative to find a scheme that is appropriate to your individual needs and circumstances.
Litigation funding for divorce
Funding legal costs through credit is quite common in divorce cases. Some people may use a credit card or apply for a bank loan. There are organisations that specialise in providing loans for legal fees, associated costs and a wide range of disbursements for individuals going through the family litigation process. They offer loans for legal fees until a financial settlement is reached.
The Rhea Family Finance product and service has been recognised as best-in-class by the solicitors and borrowers we work with, reflected in their rankings in Spears 2021 & Chambers and Partners Litigation Support 2022 indices. Obtaining a loan is straightforward and your solicitor will work with Rhea to make an application on your behalf. There are no monthly repayments, and your loan is settled upon conclusion of your proceedings.
We would recommend their product because of the speed and simplicity of their service which provides you and your family lawyer seamless access to track and manage every aspect of the finance application. You can find out more about Rhea Family Finance online.
Crombie Wilkinson Public Responsibility Policy
Until 1 April 2013 in certain circumstances some individuals qualified for Legal Aid. From 1 April 2013 under the Legal Aid, Sentencing and Punishment of Offenders Act, Legal Aid is no longer available except in very few circumstances.
We recognise that the cost of legal proceedings can be significant for families, particularly those on low incomes. We are therefore happy to try and formulate a package that suits your situation and the complexity of your case for clients who would previously have qualified for Legal Aid. This Scheme is available subject to financial eligibility but still requires regular payments on account of costs as the case progresses, including an initial deposit when the case commences.
Fixed Fees For Divorce
A fixed-fee divorce is perfect for couples who have agreed to separate and want to get a divorce. As an extension of our commitment to this openness in relation to fees, we have a number of optional fixed fee packages to try to reduce anxiety over costs. A range of fixed fee divorce packages are available for you to be able to have a structured method of payment.
How Much Is a Fixed Fee Divorce?
If you wish to apply for a Divorce or Dissolution of a Civil Partnership, then we offer assistance with this process on a fixed fee basis of £780 plus VAT for a non contested fixed fee divorce.
The Court fee to issue the Petition of £593 will also be required. The fee is set by the Court and is subject to change periodically. We will notify you of any changes in the fee.
Contact us to speak to our fixed fee divorce solicitors in York, Selby, Malton and Pickering.
What the Fixed Fee Divorce covers
We have created a fixed fee Divorce/Dissolution package for undefended cases covering the whole process, including:
1. Drafting the Divorce Petition (and where relevant Statement of Arrangements for Children).
2. Issuing the case with the Court.
3. Dealing with any responses from your spouse.
4. Preparing and issuing the Application for Decree Nisi.
5. Preparing and issuing the Application for Decree Absolute.
In addition, the fixed fee divorce will cover initial correspondence with yourself, your spouse or their solicitor and the Court.
Additional Charges for Divorces
Additional charges would apply for the following:
1. Securing personal service of the Divorce Petition on your spouse.
2. Applications for Decree Absolute made over 12 months after the grant of Decree Nisi require additional work (sometimes there are reasons to delay finalisation of the divorce to safeguard financial claims until settlement has been achieved). Under these circumstances an application for Decree Absolute would incur an additional fee of £80 + VAT.
3. In cases where you have a low income, you may qualify for Court Fee Exemption. In order to apply for this you will need to complete a form called Fee Remission. We can provide you with guidance as to what is required however, please be aware if you are seeking Fee Exemption it will be your responsibility to satisfy the Court that you are eligible.
4. If the case is defended by your spouse or there are areas of dispute or delay (whether caused by you or your spouse) which cause or require further work, all such additional work will be charged on an hourly basis. If this happens, we will give you our best revised estimate of costs at that time.
Costs - Claim against your Spouse
Wherever possible we will try to agree for your spouse to pay a contribution towards costs, however this is not always possible. If a dispute arises, the costs involved in arguing this issue can often be disproportionate to the costs in dispute. If this happens we will give you our best estimates of additional costs.
Your Responsibilities During Your Divorce
In order that we can effectively conduct your matter, you must agree to:
1. Give us instructions that allow us to do our work properly.
2. Not ask us to act in an improper or unreasonable way.
3. Cooperate with us.
4. Not act in such a way as to delay or prolong matters unreasonably.
5. It can be the case that protracted negotiations can take place without any reasonable prospect of settlement without the involvement of the Courts. If this is the case, you will agree to accept our guidance that matters are unlikely to reach agreement without the issue of Court Proceedings.
We can extend negotiations if you specifically wish us to do so however if our view is that these do not have any prospect of achieving an effective agreement we would reserve the right to agree additional charges with you.
What To Do If Your Partner is Divorcing you?
If you are responding to divorce or dissolution proceedings that have been issued against you by your former partner, we offer a fixed fee package to assist if you do not wish to oppose the proceedings. You will have no Court fees to pay unless your partner is seeking to claim a contribution of costs against you.
We will take your full instructions and guide you in relation to the options available, including completing the Acknowledgement of Service which you are required to return to the Court as part of the proceedings.
The rates for an undefended divorce as a Respondent are £360 plus VAT, which is payable when you confirm instructions. This will include:
1. Advising in respect of the Divorce Petition (and where relevant the Statement of Information for Children).
2. Completion of the Acknowledgement of Service and return to Court.
3. Negotiation in respect of any possible claims for costs in respect of the Divorce proposed by your Spouse.
4. Advising you of the various stages through to grant of Decree Absolute concluding the divorce.
Additional Divorce Charges To Look Out For
1. If your spouse does not apply for the Decree Absolute to conclude the Divorce, we can apply on your behalf, but this then requires a Court hearing. We would discuss this further with you if the event arose and agree a separate fee arrangement.
2. We will try to avoid you being responsible for your spouse’s costs if they are claimed, but this is not always possible. If a dispute arises, the costs involved in arguing this issue can often be disproportionate to the costs in dispute. If this happens we will give you our best estimate of additional costs.
3. If you wish to defend a divorce, we will give you specific advice and provide an estimate of your charges.
If you can’t find the information you need or have decided you want a divorce, please contact a member of our family law team. You will find their contact details below. Alternatively, telephone our office closest to you to arrange an appointment to come in and see one of our specialist family lawyers.
If you are short of time, simply complete the ‘How can we help you?’ box on the right and we will contact you to make arrangements.