How much will a divorce cost me?
How much a divorce costs very much depends on how your spouse responds to the divorce proceedings. There is a set Court fee of £593 which you will have to pay if you issue the Application and any Solicitor fees will be in addition to that. Some people may be eligible for a fee exemption. Solicitor fees are usually between £500 to £1,000 if matters are straightforward, however, if your spouse decides not to respond to the divorce or there is an issue regarding jurisdiction (i.e. whether you should be divorced in England or Wales) the costs can significantly increase. Your costs are also typically higher if you are the Applicant rather than the Respondent.
You can contact one of our experienced divorce lawyers to discuss the fixed fee further and to find out what is and is not included within the overall cost by emailing familylawenquiries@wardhadaway.com or utilising any of the contact details listed below.
In some cases, it is a good idea to approach your spouse before issuing a divorce application so that you can agree on the best way to proceed and you could even try and reach an agreement as to how the costs of the divorce could be shared. These negotiations can take place through a Solicitor.
Please also be aware that these costs are in relation to the divorce process only. If you also need advice on your finances or any child care arrangements, there will potentially be additional Court, expert and Solicitor fees for this. We ensure all clients are provided with an estimate of all costs at the outset.
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As the law stands, the financial rights of unmarried couples are limited. It is a myth that somebody can become a common law spouse if they have lived together for a number of years. If a couple is not married, there is no entitlement to maintenance (income on an ongoing basis) or to a share of the other’s assets no matter how long they have been together for. A person who has enjoyed a particular lifestyle, living in their partner’s house and with their partner meeting the day to day living costs may find themselves in a difficult financial position on separation as the financially stronger party is not obliged to provide housing nor to continue meeting living expenses.
That said, there are two indirect options to consider.
If there are children, they may be able to claim child maintenance from their partner and depending upon circumstances, they may be able to obtain an order to be provided with accommodation for them and their child until the child turns 18. However the house is normally returned to the party who has provided it once the child turns 18.
Another option to consider is whether you have or have acquired an interest in property belonging to a partner due to agreements reached and the way you have conducted your finances. This however can be a complicated area of law which is very fact specific and requires specialist legal advice.
As with a Will, your solicitor can take instructions by telephone, Skype or a similar tool. Your solicitor can then post or email the documentation to you. As with Wills, your signature and those of your proposed Attorneys will need to be witnessed, but in this case only by one other person. However, there are specific requirements as to who can witness your signature. The witness must be aged 18 or older and cannot be your Attorney but they can be your Certificate Provider.
Your Certificate Provider must either be someone you have known personally for at least two years or an appropriate professional. However, they must not be your Attorney and they must not be a member of your family or the partner, boyfriend or girlfriend of a member of your family or a business partner or employee of yours.
Also, if you are living in a care home, the Certificate Provider cannot be the owner, manager, director or employee of the home you live in.
Given the current restrictions on movement, if you have regular medical checks you could ask your GP or another medical professional to witness your signature and act as your Certificate Provider when you go to see them or they come to you. Alternatively, if someone you have known for two years or more is dropping off essentials, they could act as a witness and Certificate Provider remembering to retain the necessary distance and protective measures.
Concerning your Attorney(s) you cannot act as their witness. Otherwise, anyone aged 18 or older can act as their witness, including the other Attorney. Ideally, a witness to your or your Attorney’s signatures should not be a family member for the sake of impartiality and to avoid disputes. If necessary they can be.
The law says that if after assessing a risk and considering all the control measures available to you, you cannot undertake a task safely – then you should not undertake the task.
If that means taking BAME workers out of higher risk frontline work, that is what will have to be done.
Beware of workers saying “we’ll accept the risk” – it does not protect you against regulatory/enforcement action or civil claims.
On Wednesday 8 July 2020 as part of a summer ‘mini-budget’, Rishi Sunak delivered the Government’s response to the threat to millions of jobs due to the existing furlough arrangements being wound down from August 2020 until it planned to close at the end of October 2020. In a wide-ranging speech to Parliament, the Chancellor announced a number of schemes to look to protect jobs beyond October 2020, in particular in certain sectors and for those aged 18-24. As the Government releases further information over the coming days and weeks, we will add to these FAQs.