As of 21 March 2016 the fees for issuing a divorce petition have increased from £410 to £550. However, there are concerns that, whilst this idea had been discussed in some circles prior to its implementation, to many the news was a surprise, not least litigants in person who had attended Court to issue their divorce, only to be told it was unable to be processed unless they paid the higher fee. In addition, the fact that the fee increase took effect almost immediately after it had been announced has left many separating couples in difficulty financially with the extra £140 simply being unaffordable and in effect pricing them out of divorce until such a time they can save up the extra money.
There are also worries that petitions which may have been issued in time for the old fee to be relevant may be sent back with a request for a larger fee given the delay in processing postal documents at the new regionalised divorce centres.
This latest fee increase for issuing divorce petition comes only two years after the last increase and at a time when it has been shown that the administrative cost to the Courts of processing the divorce documentation is £270. Furthermore, the divorce fee is not optional, if people wish to separate they are required to pay the divorce petition fee regardless of mediation or any other way in which it has been agreed the parties will separate.
Some will query whether there has been sufficient thought or consideration on the impact of such a sharp fee rise.
Whilst it may be possible for a fee remission to be requested, many people who try to carry out the divorce procedure by themselves are unaware of the existence of this. For others, they may have an income low enough to be unable to afford the increased Court fee but may conversely be ineligible for a fee remission.
Jo Edwards from resolution says, “The 34% increase may lead to people unable to afford the fee remaining legally and financially tied to their former partner long after the relationship has ended. Increasing fees will disproportionately impact women, who constitute two-thirds of those initiating divorce proceedings. The extent of the rise could, as the judiciary and others have warned, lead to women being trapped in unhappy or violent marriages… This will lead to confusion, hardship, and avoidable additional pain for separating couples.”
Nicola Whitley, Senior Associate and Head of the Family Law Department at Swain & Co Solicitors says, “It is concerning that a fee increase of such sharp proportions has been brought into effect so quickly. This could have a negative impact on many people seeking to divorce and I echo others concerns that a simple lack of money, now so more than ever, could lead to people being unable to divorce leading to people being stuck in unhappy or occasionally abusive marriages.”
If you require advice in relation to divorce then please contact one of our team today on 02392 492 967.
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