The divorce process and costs

divided house

“Skilled mediators are now able to achieve results satisfactory to both parties in many cases which are quite beyond the powers of the lawyers and the courts to achieve”. 

Lord Woolf

There three separate legal aspects to the divorce process – children, finances and the ending of the marriage.

It is generally thought that it is best to reach agreement on the first two before completing the third stage and, once the first two have been agreed, the actual divorce becomes quite straightforward.

THE ENDING OF THE MARRRIAGE
The legal ending of the marriage is usually a paper process, consisting of completing forms and filing them with the court.  Where there are children under 18, this must include a statement of arrangements for them.

The grant of a divorce occurs in two stages, called decree nisi and decree absolute.  It is not until the decree absolute has been issued by the court that a couple is legally divorced.

ARRANGEMENTS FOR CHILDREN
Arrangements for children have to be resolved before the divorce is finalised. Where the husband and wife are able to reach an agreement (with or without mediation) about arrangements for their children, a court will rarely interfere.  If they are not able to agree, they can apply to the court for a decision.

ARRANGEMENTS FOR FINANCES
Arrangements for finances can be resolved before or after the divorce is finalised. Where the husband and wife are able to reach an agreement (with or without mediation) about financial arrangements, a court will rarely interfere.  If they are not able to agree, they can apply to the court for a decision.

COSTS OF DIVORCE
The legal ending of the marriage costs less than £400 in court fees.  All forms can be obtained from the local county court and there is no requirement to use a solicitor for the paper process.  However, where the husband and wife use solicitors and the courts to argue about arrangements for children and finances, the costs can become many thousands of pounds – in April 2008, the Telegraph reported that the average costs of divorce had reached £28,000 – and this will be at a time when the incomes, which have been providing for one household, may have to be stretched to provide for two.