Divorce can be quite a daunting experience, especially when faced with costly solicitors and expensive court fees. If the increased cost of divorce is something that concerns you, then fear not, there are ways around the price. In this article, we will explore how to get a free divorce in the UK and the options when it comes to divorcing.
How to get a free divorce in the UK
The biggest financial hurdle facing someone wanting to divorce in England and Wales is the court fees. When filing for a divorce, the courts request that you pay ยฃ612 to cover their administrative costs. However, you may be exempt from this if you meet certain criteria.
How to get help with court fees
If you’re on certain benefits or have a low income with little or no savings, you might be able to get your court fee reduced, often to zero.
Who is eligible for help with legal fees?
To be eligible for legal fee help, you must have less than the maximum amount of savings. If you are 65 or younger, this amount depends on how much the court fee is.
As a court fee for divorce is ยฃ612 you can only have up to ยฃ4,250 in your savings.
If you are 66 or over, then you can have up to ยฃ16,000 in your savings
It is important to check the amount of savings you are able to have using the โHow to apply for help with feesโ guidance included with the form EX160.
You also either need to be on a low income or receive one of the following benefits:
- Income-based Jobseekerโs Allowance (JSA)
- Income-related Employment and Support Allowance (ESA)
- Income Support
- Universal Credit (and you earn less than ยฃ6,000 a year)
- Pension Credit (Guarantee Credit)
If youโre not on any of those benefits, to get the fee completely waived, you need to earn less than ยฃ1,420 a month before tax if youโre single or less than ยฃ2,130 if you have a partner.
Financial help with legal costs for those with children
You are permitted extra allowance for each child you have. Children aged 0 to 13 extend the allowance to ยฃ425 each whereas each child aged 14 and over are ยฃ710 each.
For example, if you have a partner and two children aged under 13 your reported income can be up to ยฃ2,980, to be eligible for the โhelp with feesโ scheme.
My income is higher, so does that mean I canโt get a free divorce?
If your income is higher than the numbers shown above, you will be required to pay a fee to the court. Fortunately, you may still be entitled to have the fee of ยฃ612 reduced, though you will be unable to obtain a free divorce. As a rough guide, you could earn up to ยฃ2,500 a month before tax and still get the fee at least partly reduced.
Many people feel trapped in a marriage because they think they canโt afford to divorce. We speak to people daily who donโt realise they donโt have to pay court fees. Hereโs what you can expect to pay in court fees for your divorce based on your monthly income before tax.
|
Monthly Incomeย |
Court fees to pay |
|
ยฃ1,400 |
FREE |
|
ยฃ1,500 |
ยฃ20 |
|
ยฃ1,600 |
ยฃ100 |
|
ยฃ1,700 |
ยฃ150 |
|
ยฃ1,800 |
ยฃ200 |
|
ยฃ1,900 |
ยฃ250 |
|
ยฃ2,000 |
ยฃ300 |
|
ยฃ2,100 |
ยฃ350 |
|
ยฃ2,200 |
ยฃ400 |
|
ยฃ2,300 |
ยฃ450 |
|
ยฃ2,400 |
ยฃ500 |
|
ยฃ2,500 |
ยฃ550 |
|
ยฃ2,600 |
ยฃ612 |
My income is low, but my partner’s isnโt
If youโre wondering if this affects your ability to get a free divorce, youโll be glad to know you donโt include their income in your help with fees application.ย
Because you are divorcing them, you arenโt relying on their income to support you anymore, so you donโt have to include their earnings.
You can check your eligibility on the government website or contact us.ย
Divorce for free by doing it yourself
If you are eligible for help with fees, congratulations! You are one step closer to a free divorce. The next step is to obtain and correctly complete a series of documents.
You will also need to make sure that you submit the documents to the court at the correct times.
You can apply for a divorce through the government website or download the documents here and do it by post.
If you’re unsure about submitting a divorce application yourself, contact us or give us a call on 0204 586 6112. Itโs important to make sure your application is free of any errors and our expert team can help.ย
The Three-Part Divorce Process
Divorce is a three-part process, and you will need to complete the following forms to start and finalise your divorce.
Step 1 โ Application for Divorce/Dissolution
- D8 โ Divorce/Dissolution Petition
Step 2 โ Application for a Conditional Order
- D84โ Application for Conditional Order
- D80- Statement in Support of Divorce/Dissolution Petition
Step 3 โ Application for a Final Order
- D36 โ Notice of Application for the Conditional Order to be made Final
With your court fees covered, DIY is the only method of obtaining a free divorce, but itโs only viable if you and your spouse agree to the divorce and why youโre getting one.
This DIY approach does come with a word of caution, though. You will need to take the time to research the procedure and learn the legal jargon to ensure you donโt make any mistakes. Because although you may be exempt from court fees, you will have to pay to amend any documents at ยฃ95 a time. And this fee will need to be paid repeatedly until the courts are satisfied that your documents meet their exact standards.
Making sure divorce papers are error-free.
Easy Online Divorceโs Knowledge Hub contains lots of free advice on how to complete your divorce documents, and itโs possible to complete them correctly and get your divorce for free. But itโs also easy to make a mistake, and one name typo, or an incorrect date, will scupper your plan of getting a free divorce.ย
If youโd like to try and get a divorce for free, read our step-by-step walkthrough here.
The next best thing to a free divorce
While we can’t provide you with a free divorce, we can give you complete peace of mind at a very manageable cost.
Fully Managed Divorce Service
If you donโt want to deal with any forms, websites, or courts and want the stress and hassle of divorce taken off your hands, we offer a โfully managedโ divorce service for ยฃ299.
We will draft and file your divorce documents with the courts and manage communication with the courts for you.
Still not sure?
If you need more advice on whether you can get a free divorce, or what the best option is for you, then give us a call onย 0204 530 8101 or book a free consultation. Our expert team will see how we can help you get divorced cheaply, quickly, and with minimal stress.
