The justification for the increase, which raises the cost of the divorce process by a massive 34%, is apparently to cover a shortfall in funding in the UK justice system following cuts made in the most recent budget.
While a separate issue rages over whether the new cost of £550 is fair – as some law experts argue that the actual administrative cost of the procedure is just £270, meaning a healthy profit of 100% for the Ministry of Justice – other commentators are looking at whether the price hike will actually deter couples from getting divorced. While it is estimated that the increase will not put off those couples who are absolutely determined to separate, but it could actually be very bad for the UK legal system in principle if the change does deter people who can’t afford to pay.
Toby Hales, partner at law firm Seddons, explains:
“The 34% hike in divorce fees is yet another example of a government with a total lack of regard for the fundamental right of equal access to justice. The figures seem to be pulled from thin air and only serve to limit access to a court system that faces increasingly unmanageable levels of demand.
“The hike demonstrates an utter disdain for the individual within the divorce process, as well as contempt for governmental transparency – a lack of impact assessment or announcement underlines this.”
Experts warn that it could leave people trapped in unhappy or even abusive relationships, due to not being able to afford the fee to file for divorce.
In response to the criticism over the price increases, a Ministry of Justice spokesperson has confirmed that it will be running a remission scheme to “protect the vulnerable” and provide assistance to those who cannot afford to pay. The MoJ also reiterated that the price rises were not made on a whim, but introduced as part of a planned schedule.
Women disproportionately affected by price hikes
According to the chair of family law organisation Resolution, solicitor Jo Edwards, the new price increases could affect women more than men. In a recent Guardian article, Edwards explains:
“Increasing fees will disproportionately impact women, who constitute two-thirds of those initiating divorce proceedings. The extent of the rise could, as the judiciary and others have warned, lead to women being trapped in unhappy or violent marriages.”
Concerned by the changes?
If you’re worried about the cost of getting divorced or any part of what can turn into a complicated legal process, it’s best to seek reassurance and advice from an expert. The team at Tracey Miller Family Law have vast experience in a wide range of divorce cases, and are also well-briefed on recent changes to the legal system and its pricing, so are in the ideal position to help.