How much does it cost to get a Decree Absolute?
It breaks down into 2 parts. The court fees and affidavit fees that have to be paid (whether you are using a solicitor or not) and how much a solicitor is likely to charge you.
The court fees are:
- To issue a petition: £340.00
- To swear an affidavit: £7.00
- To apply for Decree Absolute: £45.00
The solicitor’s charges:
The time spent with you taking instructions, drafting documents, writing letters, on phone calls, will be charged at the solicitor’s hourly charging rate. Usually you can expect the whole process to cost about £700 to £800 in solicitors time charges. They will charge VAT on top.
All in: expect to pay about £ 1100.00 to £1300.00. If someone quotes you less, you may be dealt with by an unqualified person, or you may find the service isn’t great!
Can I get the other side to pay some of the costs?
Most couples who agree the marriage is over and needs to be dissolved can agree to share these costs. In other cases the court can make an order for the other party to pay the Petitioner’s costs.
How long does it take?
To get from the start, when the Petition is issued, to Decree Absolute, is usually about 4 to 7 months, depending upon how promptly the parties deal with the steps in the process.
What are the steps in the process?
The Petition is issued by the “Petitioner”. The court posts a copy to the other party, the “Respondent”.
The Respondent acknowledges service by completing a form and sending it to the court.
The court sends a copy of the form to the Petitioner.
The Petitioner completes an affidavit in which they swear the petition to be true, and prove that the papers have been properly served on the Respondent.
The Petitioner applies to the court for the District Judge to rule whether they are entitled to a divorce. This is a called the Special Procedure Application.
If the District Judge is satisfied the correct procedure has been carried out then they set a date a few weeks ahead for the Decree Nisi.
6 weeks after Decree Nisi, the Petitioner can apply for the Decree Absolute. It is a formality.
How do I sort out the finances?
Each party discloses to the other what they have in terms of assets and liabilities. This will typically include income, debts, mortgages, pensions, houses and property, business interests, savings, life or endowments policies, inheritances, valuable items such a s pictures, jewellery, cars, boats, motorcycles .
The parties negotiate and reach a deal.
The deal is approved by the Court into a court order. This is important; it gives finality and the husband and wife can move ahead with their lives.
If the parties cannot negotiate a deal for some reason then one of them may issue an application for what the lawyers call “Ancillary Relief”. The court then sets a time table which will comprise:
Exchange of sworn financial statements
The right to raise a questionnaire if you need more information about the other side’s finances
A court appointment to look a the issues, decide what further evidence may be required, and discuss proposals for settlement
A Financial Dispute Resolution Appointment when, usually, most cases settle.
A Final Hearing. If no deal can be done, then this is when a court will impose a settlement.
How much does it cost to sort out the finances?
The least expensive, where it is a case of merely getting disclosure of financial affairs and agreeing a deal and turning it into a court order, are in the realm of £1000 to £1500 for each party.
The most expensive I have ever done, was £13,000 for my client alone. This was probably at least twice the cost of my next most expensive case. £2,500 to £5,000 is much more usual.
How long does it take?
From about 8 months to 18 months, in the most protracted cases.
For more particular guidance for your own situation, please call me on 078 3333 2055 or 01362 688946 or email me (Mark Foley) at law@25am.co.uk
