25/04/2016
The recent hike in divorce fees, which has been introduced by the Ministry of Justice (MOJ), has been met with criticism from across the legal community.
Couples in England and Wales who want to end their marriage will now have to pay £550 – a whopping £140 increase.
The MOJ has defended the 34% rise as being necessary in order to reduce the burden of the courts and tribunals on the taxpayer. According to courts minister, Shailesh Vara Her Majesty's Courts and Tribunals Service (HMCTS) cost £1bn a year more to run than it receives in income. The new fee, along with several other fee increases, is expected to raise an extra £60m a year.
The MOJ originally planned to raise fees by 80% (from £410 to £750), however, it climbed down after "carefully considering" concerns raised in a consultation.
Speaking of the increase, Rebecca Muirhead, a divorce specialist at Russell & Russell Solicitors, said: “This is nothing more than a stealth tax, especially as it’s only been two years since fees were increased from £345 to £410. It costs the courts around £270 to process a divorce, so other than profiteering from relationship breakdowns, I don’t know how the MOJ can justify the latest rise.”
However, court fee exemption is still available for people on a low income and for others we can offer payment of such fees and our costs by way of instalments; this hopefully helps clients in this situation.
Please note that this article is meant as general guidance and not intended as legal or professional advice. Updates to the law may have changed since this article was published.