In November 2023, a consultation was published asking for views on how the HM Courts & Tribunals Service could generate more income. One proposal was to ask users to pay more, with an increase of fees for nearly all services. This included divorce.
The plans would have raised an estimated £8 million more a year, according to the Ministry of Justice (MoJ). At the time, justice minister Mike Freer explained:
“It is critical that HMCTS continues to receive an adequate stream of income by ensuring fees keep pace with increased costs to HMCTS as a result of changes in the general level of prices, while at the same time minimising the cost to the taxpayer as much as possible,”
“[The 10% rise] creates a fair balance between more closely aligning user contributions to growing HMCTS costs and recognising the ongoing financial pressures to households as a result of increases to the cost of living.”
170 court fees will go up, but not divorces
After collating responses to the consultation, the Ministry of Justice has confirmed that the cost of divorce will not increase. The application fee will remain at £593.
The department is still planning to increase 170 court and application fees, although it had proposed raising over 200 fees.
The MoJ said it had received responses which raised concerns over the impact of increasing divorce application fees. In particular, it could force couples to remain in unhappy or abusive relationships, and disadvantage women in particular.
In the published response to the consultation, the Government said:
“They [respondents] stated that women tend to face more difficulties when navigating the justice system as they may have caring responsibilities and are statistically more likely to be on lower incomes given the gender pay gap,”
“Several respondents also highlighted that applying for a divorce is a distress purchase for many, and that those who want to end their marriage have no choice but to go through the courts.”
“One respondent quoted the comments made by former president of the family division of the High Court, Sir James Munby in the justice select committee’s 2016 report on divorce and probate, specifically that divorce involves a “captive market”, with “no elasticity in demand” and that those who want a divorce are being penalised for doing so because of high court fees.”
The plan now is to implement what has been described as “smaller scale” fee increases in other areas. These will be made routinely every two years, linked to changes in inflation and the Consumer Price Index (CPI). The new higher fees will come into effect in May.
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