Divorce Costs UK: Who Pays Legal Fees? (2026)
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Ending a marriage is rarely cheap, and the question of who picks up the bill can cause as much friction as the divorce itself. In England and Wales, the person applying for the divorce is usually responsible for the court fee, but there are situations where those costs can be shared or claimed back from the other party.
Knowing the rules before you file tends to save a lot of stress later on. This page walks through how costs work in a modern divorce application, when you might ask your spouse to contribute, what the court will actually consider, and where fee help may be available if money is tight.
It is written for people trying to get their head around the practical side of separation, not the legal theory.
Overview
Claiming legal costs in divorce refers to the process of asking your spouse, or the court, to cover some or all of the expenses you incur when ending the marriage. These costs generally fall into two buckets. The first is the court fee, which is the set amount payable to HM Courts and Tribunals Service when the application is lodged.
The second is any solicitor or adviser fees you choose to pay for help along the way. Since the introduction of no-fault divorce in April 2022, the process has changed significantly. Couples can now apply jointly, which often makes splitting costs far more straightforward, or one spouse can apply on a sole basis.
Costs orders, where one party is ordered to pay the other's legal expenses, are far less common in divorce applications themselves than they once were, though they still appear in related financial proceedings. Understanding which category your costs fall into is the first step to working out whether you can realistically claim anything back.
Key steps
- Work out your likely costs before applying. Add up the court fee, any adviser costs, and the cost of dealing with related issues like finances or child arrangements. Court fees change from time to time, so check gov.uk for the current amount rather than relying on older figures. Knowing the total helps you decide whether to apply solely or jointly, and whether to seek fee help.
- Decide between a sole or joint application. A joint application means both spouses apply together and typically share the court fee between them. A sole application puts the fee on the applicant, though you can still agree privately with your spouse to split it. Joint applications tend to reduce conflict over money and often make the whole process feel less adversarial from the outset.
- Check whether you qualify for help with fees. If you are on a low income or receive certain benefits, you may be entitled to a full or partial reduction of the court fee through the Help with Fees scheme. You apply using form EX160, which you can find on gov.uk. Make sure you gather proof of income and benefits before you start the application, as you will need to submit evidence alongside the form.
- Try to agree costs with your spouse in writing. Before anything is filed, have a frank conversation about who pays what. Putting your agreement in writing, even by email, avoids arguments later. You can agree to split the court fee, to have one party cover it, or to share the cost of any adviser or mediator you both use. Written agreement is far cheaper than fighting about it afterwards.
- Keep costs separate from the financial settlement. The divorce itself and the financial side of separation are two different legal processes. Dividing assets, pensions, and property happens through a financial order, which is where most real money is spent. Treat the cost of the divorce application and the cost of sorting finances as separate conversations so you do not conflate the two and end up overpaying.
Common questions
Q Who pays the court fee in a UK divorce?
In a sole application, the applicant is legally responsible for paying the court fee when the application is submitted. In a joint application, the fee is usually split between both parties, though the mechanics of payment can be agreed privately. Couples often agree to share the fee even on sole applications, but that agreement is between them rather than enforced by the court.
Q Can I make my spouse pay my divorce costs?
Since no-fault divorce was introduced, costs orders in the divorce application itself have become rare. The court generally expects each party to bear their own costs unless there is a strong reason to depart from that. You can still ask your spouse to contribute voluntarily, and many couples reach a private agreement. Costs can be more relevant in financial remedy proceedings that follow.
Q What is the Help with Fees scheme?
Help with Fees is a government scheme that can reduce or remove court fees for people on a low income or receiving qualifying benefits. You apply using form EX160 on gov.uk and provide evidence of your financial situation. If approved, the fee is reduced in full or in part. It is worth checking eligibility before paying anything, as the scheme can make a meaningful difference.
Q Do I need a solicitor to get divorced?
No, you can apply for divorce yourself through the online portal on gov.uk without instructing a solicitor. Many people manage the application without legal help, particularly where there are no complex finances or disputes about children. That said, having someone experienced to talk to before you file can help you avoid mistakes, especially when property, pensions, or children are involved.
Q How are costs handled in a joint divorce application?
When you apply jointly, both spouses are treated as applicants and the court fee is typically paid by one party and then shared between you by private arrangement. This approach works well for couples who agree the marriage is over and want to keep things cooperative. It often reduces both the emotional and financial cost of the process compared with a contested sole application.
Q Are financial settlement costs separate from divorce costs?
Yes. The divorce application legally ends the marriage, but it does not divide your money, property, or pensions. A financial order is a separate process, and the costs involved can be significantly higher if matters are contested. In financial proceedings the court has wider powers to make costs orders, particularly where one party has behaved unreasonably during negotiations.
Q What happens if I cannot afford the court fee?
If paying the court fee would cause genuine hardship, the Help with Fees scheme may cover some or all of it. You will need to complete form EX160 and provide evidence of your income, savings, and any benefits you receive. If you do not qualify for help but still cannot afford the fee outright, speaking to a free advice service such as Citizens Advice is a sensible first step.
Sources
This guide is based on primary UK law and official guidance.
- Guidance · UK GovApply for a divorce on gov.ukgov.uk
- Guidance · UK GovHelp with Fees (form EX160) on gov.ukgov.uk
- Guidance · UK GovMoney and property when you divorce or separategov.uk
Legal disclaimer
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.