Free Divorce Information

Divorce is a difficult and emotional time. Along with the break up comes the added worry about dealing with the costs associated with the divorce.

According to the BBC news, the cost of an average divorce in 2006 amounted to £13,000.

It is important first to understand the issues involved in divorce; and where the charges arise. There are usually three issues involved:

1. The divorce.
   
   This is obtaining the actual divorce, in particular the decree absolute. This is what distinguishes divorce from separation, and allows both parties to legally remarry if they wish to.
   
2. Ancillary relief.
   
   This is any items involved in the distribution of the matrimonial assets to both parties.
   
3. Children.
   
   Organisation of maintenance payments, custody and access.

The three are legally distinct issues, and are treated separately. Matters of ancillary relief and children frequently require court intervention and extensive discussion before agreements are made.

Divorce

Often it is found that the first issue, the divorce, can be charged at a fixed fee. It is unusual, nowadays, for a divorce to be contested. Most are made by mutual agreement and petitions accepted without problems by the court.

Fees to pay include the court costs of £300 to issue the petition and £40 to obtain the decree absolute. An additional fee of £7.50 is payable to the court for the affidavit. This brings the court costs to roughly £350.

It is worth mentioning that the most common reason stated in a petition for divorce in the UK is 'unreasonable behaviour'. One person raises the petition, and the other agrees not to contest it to the court. One reason for this is because it is usually simple to establish evidence of 'unreasonable behaviour' at times of divorce. The petition is quickly accepted by the court and can make things process much more quickly and therefore more cheaply.

The solicitor needs to be paid for the legal work and this can vary from solicitor to solicitor. It is essential to establish before taking on a solicitor whether the divorce will be fixed fee or time-based. Also clarify what exactly is included in the fixed fee, so as not to fall prey to any extras along the way. At this time, you can expect to pay approximately £500 including VAT.

An agreement to split the costs equally between petitioner and respondent is not unusual, especially where an amicable separation is the intention.

Ancillary relief and arrangements for children

Reaching agreements involving the financial allocation of assets, payments of maintenance and custody/access of children are often far more tricky than the original agreement to formally separate. Neither party wishes to feel that they have come away from the relationship, however amicable the split, worse off than the other partner. Problems come also when assets divided provide neither party with adequate returns as to start a new life alone.

For this process a solicitor is employed to negotiate on his client's behalf, with the aim of achieving a suitable agreement.

In these matters a fixed fee would not be used, as the extent of the work required is unspecified at the start of the case. Where some couples will happily agree to the first settlement, and may even have discussed it before handing the details over to their solicitors, other agreements may take much longer to reach and involve far more communication and legal work from the solicitor.

It is important to choose your solicitor carefully and ask certain questions regarding the procedure, so that you can be sure that matters are proceeding in a timely and cost effective manner.

Things to keep in mind:

1. Initial meeting is chargeable
   
   Many firms will offer the first meeting/consultation as a free service to establish facts of the case under seemingly less stressful circumstances, and to convince you that money is not the issue for them.
   
2. Charge per hour
   
   It is essential to get this in writing. Remember to stick to the point during your meetings as literally, time costs money.
   
3. Time it will take
   
   Timescales are important to you, so that you do not feel that things are taking too long, causing further worries and stresses. Also, this will give you a better idea of the overall cost of proceedings.
   
4. Additional costs
   
   These may include search fees and barrister's fees.
   
5. Risk of being responsible for all the costs if litigation is presented from your side
   
   This is particularly important as court costs can run into thousands. Your solicitor should be able to advise you of your chances of success at litigation, to enable you to weigh up the gain of going to court against the possible final costs.

Strictly means-tested financial help with solicitor's costs can be found in the form of Legal Aid. It is mostly only available to those on Income Support or other benefits. However, it is worth applying. Where matrimonial assets are present, the Legal Aid Board will recoup its costs, meaning it is not quite as free as some people think.

There are ways of settling these agreements out of court using processes of either 'mediation', 'arbitration' or 'collaborative law'.

These techniques trust that you believe your partner's honesty regarding financial matters; though with the right lawyer the collaborative process can be the fastest.

Where legal representatives are hired for this style of resolution, the same important questions must be asked as above. Where the same or similar hourly rate will more than likely be paid, the time and legal effort put into achieving the same end point as court proceedings, will take far less time.

It is found that that these methods can almost halve the average price of a divorce from around £1,500 to approximately £750.

Media have accused lawyers from directing couples away from these less stressful and less time-consuming mediation methods. Suggesting that fees are of top importance, and that the highest fees can be obtained with lengthy and complicated court cases.

It is true that up to four out of every five divorces ends up in court to finalise some of the finer details, despite the cheaper and less painful options.

If you are going through a divorce it is worth investigating further into the benefits of these, particularly the 'collaborative' approach. Although relatively new (2001), collaborative law has been extremely successful in some countries. The United States now has over 10,000 specially trained lawyers for collaborative law, and so this may well a positive direction for the UK to move in.

Here are additional resources you might be interested in:

How to Conduct a Do-It-Yourself Divorce in the UK?

Is the Divorce Rate Increasing in the UK?

Divorce Statistics in the UK

Are you considering getting a divorce? There's an excellent ebook about deciding whether to Get a Divorce or Stay In the Relationship. Every couple should read this before making the decision.

If you're on the verge of having a divorce, read this to Save Your Marriage.