We help make the financial side of getting a divorce as simple as possible, whilst retaining what you deserve.
Our international divorce lawyers regularly advise on cases involving complex international aspects.
The breakdown of a relationship can often be a difficult and emotional time. Our separation and divorce lawyers support and offer advice on pre-civil partnership agreements, post-civil partnership agreements, civil partnership dissolution, and finances when a civil partnership ends.
Our family law solicitors are experienced in providing support for families experiencing difficult changes in their lives, including breakdowns in relationships and changes to family life.
At Austin Kemp, we’re here to help. Find out more about the divorce process, and other key information with our vast resource section.
Our industry-first Divorce Report combines numerous data sources and internal research, to bring you this specialist report.
Our expert divorce lawyers have listed questions which are commonly asked by our clients, to which we have provided an answer.
Our legal videos break down the complexity and jargon within our profession.
Our Legal Brochures detail the process for each area of Family Law. Download your brochure and learn more about what is involved in this complicated legal topic.
Our Legal Experts have written insights to help you navigate divorce and family law.
Thoroughly excellent service provided via Wikivorce. Was slightly apprehensive of how it would all work, especially at a distance. However, they were swift, efficient, immensely polite, accurate, and gave regular updates. I would recommend them to anyone.
Can't fault my experience in any way. Brilliant advice / available at short notice for any questions and most importantly swiftly achieved the desired result. Found Austin Kemp after feeling HCB Solicitors were not acting in my best interests and I was correct on all fronts - even including having an appreciation for the fact Divorce is already emotional situation. Also, rather than have to query every suggested next step and be charged for the pleasure; As I'd done a little research of my own and was able to challenge their advice - however we pay Solicitors for their expertise and need to put our trust in them. Austin Kemp thankfully achieved that for me during our first conversation I was already reassured they understood what I wanted and how best to achieve it. Resulting in 7-8 months less work and no court appearances as I had been previously advised by HCB. I THANK YOU DEARLY AUSTIN KEMP. I can start my life again earlier and with a healthier bank balance because of you!!!
Amazing service. For the first time in nearly two years I feel less in a spiral and more in control.
Thoroughly professional, straightforward, timely and reasonably priced. I would recommend this firm to anyone. Thank you Emma and Austen Kemp for a great service.
Thank you so much. You were great. I wasted so much time and money with my previous solicitors and only regret I did not contact you earlier. I have dropped a line to Paul to thank him for referring me to you. I hope you enjoyed the red I sent you as a token of our appreciation.
Austin Kemp provides a pragmatic and honest approach to the individual's journey through Family Law issues. They demonstrate a willingness and capacity to respond to challenging and unpredictable circumstances. The professional, yet personal, service is naturally client centred, but with a realistic and informed view of children's needs. And it has been heartening to have such a caring team walk beside me in the long journey.
I cannot recommend highly enough Austin Kemp as a strong, commercially intelligent and the most effective negotiators. Their negotiation skills are second to none. I have seen firsthand the excellent results this team achieves for their clients.
Just want to say thanks so much for everything. You have been brilliant and very patient. I always felt comfortable calling when asking to clarify certain points of the divorce.
I can honestly say that I am more than satisfied with the management of my case and of my then state of mind. I highly recommend this firm. Thank you.
Amandeep Kooner was not prepared to be swayed from a path of professionalism to accommodate my anxiety and frustration. He would not succumb to taking instructions tit for tat response. He ensured at all times that the response he gave reflected a dignified client with a pleasant demeanour. In so doing he demonstrated his commitment to protect and secure my interests and dignity off which I am most grateful.
Although he has a dual approached role which is business and a duty of care, Amandeep Kooner showed concerns for the level of expenditure that I had already put out with no resolve. His team contained the work to the minimum and produced the maximum results. My case was quickly progressed without compromising compassion and understanding.
Very professional service! Explained everything they were doing for my case every step of the way and really helped me to understand how we would proceed. Thank you!
Intellectually bright, hardworking and extremely professional - Amandeep Kooner took my case at it most difficult as I had come to the end of my ability to remain calm and patient. Up until I instructed Austin Kemp, I had lost all hope that any solicitor could convince me in pursuing a non-retaliatory approach as I was losing ground to allegations and fabrications. Tough, hardworking and extremely professional.
Divorce can be a very challenging time for married couples who are separating. Alongside the emotional and legal challenges, many people’s initial thoughts are ‘how much will a divorce cost?’.
Understanding the laws around who pays for the divorce costs can help you begin to prepare yourself financially for the divorce process. In the UK, who pays for the divorce costs can depend on which partner applies for the divorce.
There is a common misconception that the person who pays for the divorce is the partner who does not file for the divorce (the respondent), rather than the partner who does file for the divorce (the petitioner).
However, this is not the case. Most of the time, it will be the petitioner who pays the divorce costs in the UK. This means that generally, the person who files for the divorce pays the fees.
The court fee for applying for a divorce is £550. This is a flat fee that is required no matter the reason for divorce. This is payable whether you use a solicitor or decide to do it yourself.
Learn more about divorce costs in the UK.
In the majority of divorce cases, it will be the petitioner who pays the divorce costs.
However, couples can always come to an agreement between themselves and split the divorce costs equally. Who pays for the divorce can therefore depend on how amicable the separation is and how well the couple gets along.
The petitioner will always pay the fee at the start of the process. Although in some instances, such as if the petitioner is receiving benefits, they may be able to get help with the court fee of £550.
In many cases, the petitioner may want the respondent to pay the legal costs instead, particularly if the respondent is being blamed for the marriage breaking down. For instance, if the respondent has committed adultery. In England and Wales, the petitioner is able to submit a claim for the respondent to pay the costs of divorce.
Getting a divorce involves several financial considerations. Of course, it’s important to consider any financial provisions, but it’s also important to consider the required legal fees for getting a divorce.
No matter how a divorce is filed for, whether that be online, through a solicitor or directly by the petitioner, there will always be a court fee to pay. Court fees cover important processes such as the costs of paperwork submission.
In order to get a divorce in the UK, there must be reasonable ‘grounds’ for separating. In England and wales, the are five grounds for divorce include:
While the petitioner is usually the one who pays the divorce costs, the respondent may be made responsible for costs where there is fault-based reason on their behalf.
Claims for costs are usually only successful when the marriage has broken down because of a fault-based ground, which includes unreasonable behaviour, adultery and desertion.
A claim for the respondent to pay divorce costs on the grounds of two years’ or 5 years’ separation is less likely to be successful in court.
However, these costs do not include the financial proceedings, which are always separate to the divorce itself. Each party has to pay their own costs for the process of agreeing the financial settlement.
Although quite rare, if your spouse has been particularly obstructive or unreasonable or has refused to disclose their finances, then there is a possibility of persuading the judge that your spouse should pay for the costs of the financial settlement. Austin Kemp’s experienced solicitors can advise you if this could be applicable to your situation.
If a divorce is filed on the grounds of adultery, where one partner has had sex with another individual outside of the marriage, the petitioner has the right to seek the claim of costs against the respondent.
This can mean that the respondent who has committed adultery will sometimes be required to pay 100% of the divorce costs. In this case, adultery must usually be a proven fact in court.
If the blame for the marriage breakdown cannot be attributed to the respondent, it is unlikely that the petitioner’s claim for divorce costs will be successful.
If you started the divorce proceedings you are known as the petitioner, you can ask that your spouse pay the costs. You are only allowed to ask for the costs to cover the divorce itself and you will not be allowed to ask for costs with regards to the financial side of the divorce.
If you are the petitioner and want the respondent to pay your costs then you will need to apply to the court for an order to make the respondent do so. It is important to let your solicitor know at the start of the divorce proceedings that you intend to make a claim for the respondent to pay the divorce costs.
Normally, it is advisable for the petitioner to reach an agreement with the respondent on divorce costs, before the divorce petition is issued. This way, when the decree nisi stage is reached, the court can make a ‘costs order’.
Otherwise, if an agreement cannot be reached regarding divorce costs and the petitioner decides to go ahead and submit the petition anyway, there may need to be a court hearing to determine who will pay the costs. This can not only delay the divorce process, but can also add to the overall costs. What’s more, the respondent may choose to withdraw their consent due to the claim for costs, delaying the process further.
Going through a divorce is a very difficult time for both parties involved, bringing stress and an emotional toll on each partner. It may be worth balancing out how much upset asking the respondent to pay the legal costs would cause against how much the money would be worth to you.
In some cases, the court does not need to be involved in your divorce’s financial arrangements if you are able to negotiate and agree to the terms between yourselves. If you were to claim the divorce costs from the respondent through court then this could make them less willing to negotiate with you.
As always, it is important to get independent legal advice before making your decision. Before submitting your divorce petition, it’s highly recommended to seek independent legal advice, suited to your individual circumstances, from an experienced solicitor, such as Austin Kemp.
The costs of divorce are the first thoughts for any separating couple. For advice around divorce costs and processes, get in touch with our expert divorce lawyers.
Call our team on 0845 862 5001, or email firstname.lastname@example.org