How Much Does A Divorce Cost If Both Parties Agree

Contents

0.1 How much does a divorce cost in the UK if both parties agree?

1 How much does it cost to get a divorce if both parties agree in USA?
- - 1.0.1 Do both parties have to pay to divorce UK?
2 How much does an uncontested divorce cost in the UK?
- 2.1 Is the wife entitled to half of everything in a divorce UK?
- 2.2 Is one sided divorce possible in USA?
3 Who pays bills during divorce UK?
- - 3.0.1 Who pays for divorce fees in the UK?
4 What is the cheapest way to get a divorce UK?
5 What assets Cannot be split in a divorce UK?
- 5.1 How is the value of a house determined in a divorce UK?
  - 5.1.1 Who gets the house in a divorce UK?
6 What is a clean break divorce UK?
7 How long does a divorce take if both parties agree UK?
- 7.1 Who pays court costs in divorce UK?
  - 7.1.1 What is the cheapest way to get a divorce UK?
- 7.2 Do I have to pay court fees for divorce UK?

How much does a divorce cost in the UK if both parties agree?

How much is a divorce in the UK if both parties agree? – A no-fault divorce where both parties agree to a financial settlement without further action can cost between a couple of hundred pounds up to £1,000. The exact costs will depend on personal circumstances, legal aid privileges, and your spouse’s agreement about costs.

Generally, amicable divorce costs are less than if the two individuals cannot split on good terms. Regarding shared responsibilities, a divorce can bring about major changes. For instance, in England and Wales, divorce law prioritises the welfare of children. To minimise disruption to their daily lives, the primary caregiver is usually given child custody and is entitled to stay in the family home.

When it comes to child maintenance in divorce, you can make private arrangements to cover costs. You can use the Child Maintenance Calculator to estimate your child maintenance payments. Alternatively, if two people cannot agree on an amount, or if one person doesn’t feel safe talking to the other parent about the topic, they can use the Child Maintenance Service, as this MoneySavingExpert forum user did.

How much does it cost to get a divorce if both parties agree in USA?

How Much Does a Divorce Cost? – The median cost of a divorce in the U.S. is about $7,000, but this is not a one-size-fits-all price tag. The more complicated contested divorces—ones with disagreements around issues such as property distribution or child custody—can become significantly more expensive, often running up tabs well over $100,000.

Uncontested and do-it-yourself divorces run much less, $200 or so if you DIY, $2,000 or more if you get legal help.
Part of the variability is that procedures and fees vary significantly from state to state.
In addition to the state in which the divorce takes place, common important factors that affect cost include whether or not professional legal help is hired, whether the couple lives in an urban or rural area, the complexity of the couple’s finances and the involvement of child custody issues in the divorce.

Perhaps the single most important factor influencing divorce cost is whether or not a couple can agree on the terms of the divorce. The more contested the matter becomes, the more expensive divorce will be. This is due mostly to increased legal fees for cases with challenging and time-consuming issues.

Do both parties have to pay to divorce UK?

Who pays the cost of a divorce? – The petitioner (the person who is applying for the divorce) is responsible for paying the court fees and the fees they may incur with their solicitor during the process, but they may include in the application for divorce a claim for an order that the other party (the respondent) should pay the petitioner’s cost.

Such costs orders are at the discretion of the court and whether the court will make such an order depends upon whether the respondent objects and, if he or she does, the circumstances of the particular case.
In some cases where the divorce is amicable, a couple may decide to split the court fee evenly.

There are also a number of situations in which court fees can be reduced or even waived for couples who may struggle to pay these costs. If you are on a low income (the exact threshold varies according to whether you have dependent children), do not have savings, or are a recipient of benefits (Jobseekers Allowance, Universal Credit, or Income Support) you can apply to the court for help with your court fees.

How much does an uncontested divorce cost in the UK?

1) Solicitor’s Fees –

Divorce lawyer’s fees usually vary on a case-by-case basis depending on how complicated your financial affairs are.
The typical hourly rate is between £130 – £300 depending on where you live in the country and the seniority of the solicitor.
Some solicitor firms offer fixed-fee options where costs are likely to be between £500 – £1000.
If you and your ex-partner can both agree on major issues like child maintenance, childcare, and splitting the family home & joint finances it will undoubtedly help keep the cost of divorce lower by avoiding additional legal costs.
All in all, a typical divorce when you instruct a divorce solicitor is going to cost between £1,000 – £3,000 depending on the factors outlined above.

The conditions to meet for a simple divorce are as follows:

You have been married for at least 12 months
You live in England or Wales or if you live abroad you see England or Wales as your permanent home (Domicile)
You have an address for your ex-partner

If you meet these conditions, the ideal solution for you is an online divorce. You can, An uncontested divorce is the simplest way to get divorced and it’s also the cheapest, You should expect to pay between £200 – £500 for this type of divorce. If you want to know the potential costs of tying up your financial matters as part of a financial order, skip below.


	Divorce-Online	Fixed-Fee Solicitors	Hourly Rate Solicitors
Cost	£199 –	£500 – £1,000	£1200 – £3500
Court Fees	£593	£593	£593
Online Service?	Yes	No	No
Total Cost	£792	£1,093 – £1,593	£1,793 – £4,093

* What is an online service? An online service enables couples to manage their divorce without needing to visit offices or provide information via post or email. You can provide everything online via a simple questionnaire and then track each step of your case from a phone or laptop.

Fee remission is available to you If you are on a low income or receive certain benefits such as income support, income-based jobseekers’ allowance, or employment and support allowance.
Use our to see if you’re eligible for a fee remission.
For most people, legal aid for divorces ceased in 2013, though in some exceptional circumstances, you may be entitled to legal aid if there has been domestic abuse or domestic violence.
You are able to apply for legal aid to pay for a Mediation Information and Assessment Meeting (MIAM), although this too is means-tested.

If you have reached a then you require the assistance of a solicitor to help draft a financial consent order that is then approved by a court. This will naturally add to the costs of divorce. Unlike a divorce, this is not something couples can do themselves.

The cost of the financial agreement will depend on the complexity of your agreement, but for argument’s sake, we are making the assumption that it’s fairly straightforward. High-street solicitors firms offer fixed-fee packages starting from £1300 + VAT (£1,560). If your finances are more complex, expect to be charged upwards of £3,000.

Consider the difference in costs with our for just £499 + £53 court fee = £552. A saving of over £1000 for most couples in the UK. Couples in London could save closer to £2,500 on legal fees. Use our quick tool below to find the ideal service for you.

Do you or your spouse live in England or Wales?
Yes
No

Are you struggling to find the right service? or speak to us on for quick and reliable answers.

Do you need to split any money or assets?
Yes
No

Have you started a divorce application yet?
Yes
No

Did you answer ‘no’ to splitting your finances because. We have already split our finances We have no assets to sort out

What are you looking to do?
Just looking to divorce
Divorce and end all financial claims

Whether you can get a divorce online and take advantage of our affordable divorce services will come down to your domicile jurisdiction. If you live in Scotland, Divorce-Online provide a range of Scottish Divorce Services that can help you save time, stress and money. The is the ideal service for you if you want to have a solicitor draft your financial agreement into a legally binding financial order without spending thousands on legal fees. The drafted order includes a clean break clause to prevent either party from making future claims. £599 This service is for couples who want to obtain a divorce and end all financial claims. As part of our service, we’ll manage your entire divorce process for you; you can track the progress online from a phone or laptop. You’ll also obtain a clean break consent order that has been drafted by a solicitor. £499 This service is ideal for couples who want to get a simple, affordable and hassle-free divorce in England or Wales without instructing a solicitor and spending thousands on legal fees. All aspects of your divorce are handled for you by our experienced and friendly team. You can track each step of your case online from your phone or laptop. £199 This service is for couples who want to get a divorce in England or Wales without spending thousands on solicitors fees. We will obtain for you a divorce and legally binding clean break consent order to prevent any future claims being made against you in the future. £499 It’s true to say that a is going to be a cheaper way of ending your marriage. But, does cheaper always mean better? No.

is now a much simpler process, streamlined and made digital, but it’s still a legal process.
Most people don’t service or change their own boilers, they instruct professionals to ensure it has been carried out correctly – our service is much the same.
Sure, avoiding a large legal bill from solicitors is sensible, but this doesn’t have to mean going alone.
Doing your own divorce has many drawbacks, especially when it means not having professional legal advice on the implications of divorce.

Use family law solicitors for initial legal advice to understand your legal position but not for the processing of your application.
Make every effort to find an address for your spouse if you don’t know where they live.
Consider getting a divorce online to help reduce the legal fees.

In reality, 90% of divorce applicants don’t require the assistance of a solicitor to get a divorce.
Do you need to spend £1,000+ simply for a lawyer to draft the divorce papers and process them through the courts?
Unless your individual divorce case is complicated then the answer is likely to be no,

The main issue that can affect the cost of a divorce is not knowing where your spouse lives.
If you don’t have a current address for your spouse then you need to follow a ‘No Contact Divorce’ process, which unfortunately can have more costs associated with it.
If this scenario sounds like what you’re facing, read our article on,

: How Much Does a Divorce Cost In The UK in 2023?

Is the wife entitled to half of everything in a divorce UK?

Assets – Full disclosure of assets is required during any divorce settlement, especially if you’re seeking a financial order, Settlements may include assets such as property, savings, pensions, or income. In the UK, divorce settlements purpose to achieve equal split and fairness for both partners when splitting assets.

There is an assumption of a 50/50 split as the starting point of a divorce, which means matrimonial assets should be divided equally upon divorce.
However, this split is usually not met because of other circumstances, meaning one partner gets a larger portion than the other.
For instance, it makes more sense for one spouse to retain their pension plot and the other party gets a lump sum from a property sale.

In terms of income, if either spouse has a high earning potential for the future, this will be taken into account. It will then be considered against each party’s financial responsibilities and the contributions they have already made to the marriage’s welfare or those that will need to be continued.

What is the average split in a divorce settlement UK?

What does the Court consider when splitting matrimonial assets in a divorce ? – Since no rigid rules apply, the Court will take into account the following broad factors when considering the division of the matrimonial assets:

1. Welfare of the children Where there are dependent children, this will be the first consideration when deciding how the matrimonial assets should be divided in a divorce. In practical terms, this means providing a home for the children. Where assets are limited it will usually mean that the children’s carer will receive most or all of the liquid assets of the marriage so that the children can be rehoused. However, this does not mean that the needs of the other parent will be overlooked or ignored. The outcome will seek to balance the financial needs that both parties have (housing, food, clothing, holidays, etc.) with the available resources, while at the same time making proper arrangements for the children’s financial needs.

2. Available capital, income and other resources Before the Court can deal with the division of the capital assets, the full extent of those assets has to be disclosed and identified. Disclosure normally takes place in Court proceedings by a way of exchanging Financial Statements (Form E). The former matrimonial home, any business or pension assets will need to be valued. The Court will not only look at the current income position of the parties but their future earning capacity, which may change following the divorce. For example, the parties may be expected to increase their working hours or have to reduce them to accommodate child care. Where either the husband or the wife is in a new relationship and is co-habiting, the new partner’s financial affairs may also be taken into account.

3. Parties’ financial needs obligations and responsibilities It is necessary to look at each of the parties’ needs in terms of both income and capital. This will include the re-housing needs of the parties. Both parties will need to provide a roof over their heads. Once again this will be a particularly important need for the carer of any dependent children. Costs of purchasing alternative accommodation in which to live will need to be looked at together with the parties’ mortgage capacity to raise or borrow money. The parties’ current and future income needs will need to be looked at. In Court proceedings, the parties will be required to prepare a breakdown, estimating how much they will need to meet all of their outgoings on a weekly/monthly basis.

4. Parties’ ages and the length of the marriage When the Court looks at the length of the marriage it will usually include pre-marriage cohabitation. The Court will normally consider a 50/50 split of the matrimonial assets when dealing with a long marriage following the ‘yardstick of equality’. With short marriages, capital contributions become more relevant in deciding how assets are divided in a divorce. Age is also an important consideration. A ‘clean break’ order may be appropriate for a short childless marriage. If the marriage is longer and the parties are older, different considerations will become more relevant, such as pensions and provision for retirement. Age will also affect earnings and mortgage capacity and the ability to achieve independence.

5. Standard of living enjoyed before the marriage breakdown This is usually taken into account in the context of balancing the overall available assets and resources, against the needs of the husband, wife and the children. Sadly in many cases, there is often not enough to go around when assets are being divided in divorce. This will often mean that the parties will not be able to sustain the same standard of living enjoyed before the marriage breakdown.

6. Any physical or mental incapacity of the parties Fortunately, in the vast majority of divorces, this is not a relevant factor. However, where it is relevant, it can have a significant impact upon the settlement and outcome of the case. Supporting medical evidence will normally be required from a GP or Consultant.

7. Parties’ contributions It is well established that where one party has not worked during the marriage but has been a homemaker looking after the dependent children and the other party has been the breadwinner, they are treated as having made an equal contribution towards the family and matrimonial assets. Contribution arguments are more relevant with short marriages, particularly where the parties had significant assets before the marriage or where significant assets have been built up during the period of separation. In addition, significant assets acquired during the marriage, for example, by a way of an inheritance, can also be viewed as a relevant contribution. However, as before, much will depend upon the length of the marriage and the needs of the parties. With an inheritance, much will depend also upon when the inheritance was received and whether it has been intermingled with other matrimonial assets.

8. Loss of any benefit because of the divorce This normally relates to pensions. The Court now has the power to make a pension sharing order which enables this asset to be shared.

9. Bad behaviour or conduct This is rarely taken into account unless it is exceptional. The Court will only have regard to conduct if the conduct is so serious that it would be unfair for the Court to disregard it.

Why is divorce so expensive UK?

Other costs of divorce – Of course court fees and legal fees are not the only costs that you’ll pay when you get a divorce. On top of all the procedural costs, there will also be costs involved in sorting out new housing, cars and replacing other shared items.

A good financial settlement should cover some of these costs – but it won’t cover all of them.
When you split up with a partner, things that you used to only need one of will have to be replicated.
If you’re the partner leaving the family home, then even if you’re given your share of your property’s value, there’s still tax and legal costs involved in buying a new house.

Alternatively, if you’re renting, you won’t be sharing the costs anymore. So even though you might be okay downsizing to a smaller place, your share of the rent is likely to be substantially higher. Similarly, you may only have needed one car in the past but if it’s staying with your partner, you might need to buy a new one, even though you’ll only get given half of the value of the old one.

So if you are thinking about divorce, it’s well worth working out what these costs would be and how you meet them before you go ahead. If you’re struggling to pay the bills associated with your separation and divorce, it’s worth considering using a 0% credit card or low cost personal loan to help cover the costs.

If you’re a member of a credit union, they may also be able to offer you low cost credit. Money articles and guides

Do you and your partner need to agree to get a divorce?

Can I Get a Divorce Without Consent of My Spouse? If one spouse wants to get a divorce but the other does not, this means that the marriage has broken down. In which case, the partner who wants to divorce may be able to get the divorce without the consent of the other.

However, there are certain circumstances under which a person is able to obtain a divorce without the consent of the other partner.
If you want to get a divorce, but your partner does not consent, you are still able to get a divorce under certain circumstances.
You would have to prove the breakdown of the marriage, such as proving adultery or physical or mental cruelty, for example.

If you proved this, then would be granted a divorce when the court is able to hear your application. However, if you file for divorce and are also the one who committed adultery or cruelty causing the breakdown of the marriage, then you and your partner must stay separated for at least a year prior to applying for a divorce.

This is because you cannot use your own omissions as the reasons for the divorce. Also, if you are the one filing for the divorce, but you do not know the whereabouts of your partner, you are still able to obtain the divorce. However, you are first required to make every effort to find your partner. If you cannot locate your partner, then you are able to apply to a judge asking for an order for substituted service, which is a court order describing what you must do to ensure that your spouse is aware of the filing of the divorce.

Before the judge will grant you a divorce, the judge must know that you have attempted everything possible to find your partner. If you have made every effort to find your partner, then the divorce is granted. : Can I Get a Divorce Without Consent of My Spouse?

Is one sided divorce possible in USA?

(But if your state allows abandonment as a fault ground, you might be able to speed up your divorce—by getting the required separation period waived—if you can prove your spouse abandoned you.) In every state, one spouse is able to file for divorce without the other’s involvement or approval.

Who pays bills during divorce UK?

Do children affect who pays the bills during a divorce? – The best interests of children are a primary concern for the family courts during a divorce. Divorcing parents will be expected to pay the bills necessary to ensure their children’s welfare during the divorce – mortgage payments, for example, household bills or school fees.

Who pays for divorce fees in the UK?

Who Pays the Costs of Divorce? Put simply, the general rule is that each person getting divorced will pay their own legal fees, and the person applying for the divorce will be responsible for covering Court Fees and other costs. However, in some circumstances it may be possible for them to recover these costs from the other person.

What is the cheapest way to get a divorce UK?

Uncontested Divorce in England and Wales

An uncontested divorce, also referred to as a ‘no contest divorce’, is simply just a divorce, regardless of the reason for divorce, but where both parties agree to not formally defend the divorce.
Up until April 2022, the vast majority (90%) of all divorces filed in England and Wales were uncontested.
Without a doubt, agreeing to an uncontested divorce was the quickest, most convenient and by far the cheapest way to divorce in England & Wales.
The Divorce, Dissolution and Separation Act 2020 became law on 6 th April 2022 and drastically reformed the by removing the concept of fault with the aim of simplifying the proceedings and helping couples avoid unnecessary acrimony.
Therefore, it is no longer necessary, or even possible, for either party to prove ‘fault’ to obtain a divorce.
This part of the new is intended to end the ‘divorce blame game’ and more importantly, for some, it also means not having to wait at least two years before getting divorced.

Have Questions On Getting an Uncontested Divorce? Speak to our friendly team on Live Chat for a quick and reliable answer or, 👋 Chat with us now! Under the previous divorce law (prior to April 2022), the person applying for a divorce needed to cite their spouse’s behaviour or use a period of separation as the reason for the divorce.

However, under the new no-fault divorce law, the ability to contest a divorce has been removed.
This doesn’t mean that you can get an instant divorce, a will complete within 6-7 months.
Being able to contest a divorce is one of the key changes to the new divorce law, which means that a divorce will now be granted by a Judge based only on the irretrievable breakdown of the marriage.
You can now get divorced in England or Wales if all the following are true:

You have been married for over a year
Your relationship has permanently broken down
Your marriage is legally recognised in the UK (This also includes same-sex marriage)

It is generally accepted that no-fault divorces better reflect modern relationships.
You can which is easier than the former postal service.
There is also the ability to submit a with your spouse.
Previously the five ‘grounds for divorce’, one of which needed to be specified as evidence of the irretrievable breakdown of the marriage did not fit with the real reasons for divorce.
Furthermore, insisting on the apportionment of blame for marriage breakdown could hinder the divorcing parties from reaching a divorce settlement and may have been detrimental to mediation, as well as affecting any children involved.
The new law has retained the irretrievable breakdown of a marriage as the sole ground for divorce.
However, the requirement to specify one of the five grounds for divorce has been replaced with a simple ‘statement of irretrievable breakdown’ – thereby abolishing the requirement to administer any blame.
The basis of no-fault divorce remains the same: divorce is only possible when a marriage has irretrievably broken down.

More affordable – you’ll save over £750 on the cost of your divorce
No complicated form filling – we do this all for you
Stress-free – t here is less acrimony involved with no-fault divorce cases
Everything can be done online – 24/7 online case access to
No court attendance required – n o court appearance, time off work, or knowledge of legal procedures is required

There is no legal requirement to instruct a solicitor when getting a divorce.
In fact, there are numerous when compared with instructing solicitors.
Solicitors are often used by couples as a way of receiving professional legal advice on their options and financial position.
If both parties are in agreement to divorce and have discussed their finances together, solicitors are rarely needed.
If you have complex financial decisions and/or can’t come to an agreement with your ex-husband or wife, then instructing a solicitor to help is sensible.

This service is the quickest and easiest way to get divorced. Our team of divorce experts handles all aspects of your divorce and keeps you updated on the progress, each step of the way. Was this article helpful? : Uncontested Divorce in England and Wales

How long does a divorce take from start to finish UK?

Check how long a divorce or dissolution takes – A divorce or dissolution will take at least 6 months to complete, even if your circumstances are straightforward. It might take longer if you need to sort out issues with money, property or children. These things will be dealt with separately to your divorce or dissolution.

Can you get a divorce without going to court UK?

In order to get divorced, there is generally no need to go to court at all. Whilst you issue your divorce petition with the court, the exercise of reviewing the divorce petition (and acknowledgment of service of the petition from the respondent) is done on paper by a judge sitting at Bury St Edmunds Divorce Centre.

What is the minimum divorce time in the UK?

When you’re facing something as difficult as the end of a marriage, it’s normal to want as much information as possible about what’s ahead. Divorce might be a common experience, but the facts and stats aren’t always widely discussed. This can leave you feeling worried about the future. In the UK, the minimum period of time it can take for a divorce is 26 weeks (approximately 6 months). However, the time each individual process can take can vary with the complexity of the divorce. This time frame also does not consider any negotiations or preparations made before one of the parties officially applied for a divorce.

Does length of marriage affect divorce settlement UK?

Does the length of marriage affect a divorce settlement? Yes, the duration of a marriage does have an impact on the eventual divorce settlement. The courts are more likely to enforce a 50:50 split of matrimonial assets if the marriage is deemed to have lasted longer than a “short-term” marriage.

What is a “short-term” marriage? There is no strict definition of what is considered to be a short-term marriage, but it is generally accepted that 5 years or less is a short marriage.
Having said that, the Court of Appeal has been known to deviate from this general principle with a marriage that lasted 6 years.

Generally, courts are more likely to enforce a 50:50 split of matrimonial assets in a longer-term marriage, subject to other principles such as:

The income, earning capacity, property, and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future.The financial needs, obligations, and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future.The standard of living enjoyed by the family before the breakdown of the marriage.The welfare of any children under the age of 18. The age of the divorcing parties.

So, the longer the marriage has lasted, the more likely the courts will decide that all assets are required to be equally split between the divorcing couple, irrespective of where the assets came from initially. The opposite is usually true in the case of a short-term marriage, where the courts will normally divide the assets in line with the contributions made by each party.

This does not mean however that a 50:50 split would be inappropriate in all marriages that have lasted less than 5 years, it just means that the court would be more concerned to see where the assets had come from in this short length of time than it would after a 20-year marriage.
What about children in a short-term marriage? Courts will place a priority on the welfare of any children, including step-children, under the age of 18.

Therefore, irrespective of how long the marriage has lasted, children of the divorcing couple, if under 18, will be given priority in any financial order decision made by the court. Where a marriage has been short and there are no children, a financial clean break order may be required by the court.

This is because the court is more likely to conclude that both parties should be financially self-supporting either straight away or within a defined period of time than if they had been together for a much longer period.
Couples in a long-term marriage are more likely to have children, so whichever parent becomes the primary carer is more likely to receive the majority share of the matrimonial pot, although this will depend on individual circumstances and the total value of the assets.

Does age matter along with the length of marriage in divorce? As there is no guidance in the legislation on what constitutes a long or short marriage, each case is highly individual and requires the expertise of a family law solicitor. Even when couples are nearing retirement age, the focus is likely to be more on their pension provision and financial security as they have fewer working years in which to build savings.

Also, a couple nearing retirement is unlikely to be able to pay maintenance for more than a few years, so the division of savings and investments would normally become the main factors to consider in a divorce settlement How can GloverPriest help? Our team of specialised family law solicitors is here to provide you with support and advice on your divorce.

Start your divorce online by completing this form, Alternatively, call one of our experts on 0121 794 5814 for further advice or use our contact form to request a callback.

Can my wife take my house in divorce UK?

What legal rights do I have to my home during a divorce/dissolution? – It is normal for one spouse/civil partner to move out of the family home during separation and divorce/dissolution in order to reduce sources of tension and conflict. This does not mean that the non-resident spouse/civil partner automatically forfeits any rights to the ownership and occupation of the house.

In the UK, both spouses/civil partners have legal ‘home rights’ until a financial settlement is made, or until financial remedies are imposed by the court as a permanent arrangement.
Home rights refers to your rights to the family home, even if you don’t legally own it or are not named on the mortgage.

This means that neither spouse/civil partner can be forced to leave the matrimonial home, unless there is domestic violence or a court order. Home rights are useful in the short-term before anything is finalised by the courts, but can’t determine long-term decisions such as who gets to own or live in the property permanently, or whether the property will be sold.

What assets Cannot be split in a divorce UK?

What assets cannot be split in a divorce in the UK? What assets cannot be split in a divorce in the UK? Assets called “non-matrimonial assets” are generally excluded from a divorce settlement in the UK. Non- matrimonial or non-marital assets are things that each spouse solely owned before or after the marriage.

These assets are not jointly owned and are usually not divided in a divorce settlement. However, a non-matrimonial asset may be split in a divorce settlement if the marital assets are not enough to meet the needs of a spouse or if they were brought into the marriage and used during the subsistence of the marriage.

For example, where one person bought a home where the family lived together. Or, where one person started a business before the marriage, and the funds received from the business were used to support the family. How is decided on a case-by-case basis and is subjective to the needs and circumstances of each person.

The court will look at the standard of living each spouse is used to, their ability to earn an income, the length of the marriage, and whether there are any children that need to be supported, among many factors. How do I avoid losing assets in a divorce UK? A good way to avoid losing assets in a divorce is to create a prenuptial or postnuptial agreement.

These are legal contracts that state how assets will be divided between you and your partner in the event of a divorce. While a prenuptial agreement is signed before marriage, a postnuptial agreement is signed by a couple during the marriage. In other cases, where a prenup is amended during the marriage, this becomes a postnuptial agreement.

Post and pre-nuptial agreements are not yet legally binding in England and Wales, however, they can significantly impact any decision the court makes regarding your finances if they are properly set up.
These agreements clearly outline the intentions of both parties in the case of divorce.
For instance, you can include clauses that limit your liability from your spouse’s debts and clear you from taking on that financial responsibility.

Providing each person gained legal advice when drafting the agreement, it was drafted by a family law solicitor and does not leave one person in financial hardship, these agreements will likely be reliable. Can you legally hide assets in a divorce? No, it is illegal to hide assets during a divorce because each party must honestly and fully disclose all of their assets.

Hiding assets during a divorce can result in serious consequences, which are punishable with a penalty.
The penalty could range from paying the legal fees of the other party to the other party getting a larger distribution in the divorce settlement.
If your spouse suspects that you are hiding some of your assets, they can apply for a court order such as a search order which allows their legal team to search for hidden information, or a freezing order which can stop you from disposing of or handling your assets.

How Can GloverPriest Help? Our team of specialised family law solicitors is here to provide you with support and advice on your divorce. Start your divorce online by completing, Alternatively, call one of our experts on 0121 794 5814 for further advice or use our to request a callback.

At GloverPriest, we understand navigating the law can be a difficult task to take on alone. That’s why we created this comprehensive guide to help promote information for everyone to use. If you’re looking to speak to a solicitor, please call us from the number below. Alternatively, you can fill out our online form and we’ll be right with you.

We use cookies to improve your experience and to help us understand how you use our site. By using this site, you accept our use of cookies. x : What assets cannot be split in a divorce in the UK?

How is the value of a house determined in a divorce UK?

If you’re getting divorced, you’ll need a market valuation to calculate the settlement. If you and your partner can’t agree upon a value, the court will order a report from a local estate agent or surveyor.

Who gets the house in a divorce UK?

Who Gets The House in a Divorce UK? In many, the family home is the most substantial asset available to the parties to meet their respective housing needs going forwards. In the UK, the division of assets in a divorce, including the family home, is typically based on what is deemed to be fair and reasonable in each individual case.

This can vary depending on factors such as the length of the marriage, the financial contributions made by each spouse, and the needs of any children involved. Whilst emotionally there can be an attraction for one party to retain the house, the extent to which this is possible is entirely dependent on each individual case.

The house cannot be looked at in isolation, and it is important that any negotiations in relation to the property are considered alongside income and pension provision. It’s important to note that there is no set formula for dividing assets and the courts have wide discretion to make orders that reflect the specific circumstances of each case.

What is a clean break divorce UK?

When you’re working out how to divide your property and assets, arranging a ‘clean break’ might make sense. A clean break means ending the financial ties between you and your ex-partner (husband, wife or civil partner) as soon as reasonable after your divorce or dissolution.

Where there is a clean break, there will be no spousal maintenance payments.
The only way you can guarantee that your ex-partner doesn’t try to make financial claims against you in future is to get a court order.
The court order must set out the financial arrangements and state that there is to be a clean break.

In some cases, there’s enough money to ‘buy out’ the financially weaker person’s maintenance claim. This is done by calculating an amount of money that the receiving person can be given. They can then invest and receive an income from it, instead of getting maintenance payments.

This is a complicated area. So if you’re thinking about doing this, it’s important to get advice from a family law solicitor. A lump sum payment doesn’t have to be paid in one go, although it often is. It can be paid in more than one instalment. For example, a part payment when the court order is made (or very soon afterwards), followed by other payments when the house is sold.

Any lump sums that are payable in the future potentially run the risk of having changes made to them. It’s important to specialist legal advice if you think this might affect you. In Northern Ireland, both you and your ex-partner need to agree to ‘buy out’ a maintenance claim.

how much you need to live on how much income you already have, and how much you could potentially earn in the future.

If the marriage or civil partnership is short – less than five years – it might not be paid at all, or only for a short period. This is called a ‘term order’. But where a couple has been together for a long time, or where an ex-partner is unable to work, it can be paid for life.

the payment term ends you or your ex-partner die, or the person receiving spousal maintenance remarries or enters another civil partnership.

It doesn’t necessarily stop if they live with a new partner without marrying or entering a civil partnership. Although the person paying it could use this as a reason to apply to the courts to get the amount reduced. If you get spousal maintenance, it’s worth considering insuring the payments.

How long does a divorce take if both parties agree UK?

Who pays court costs in divorce UK?

What is the cheapest way to get a divorce UK?

Uncontested Divorce in England and Wales

An uncontested divorce, also referred to as a ‘no contest divorce’, is simply just a divorce, regardless of the reason for divorce, but where both parties agree to not formally defend the divorce.
Up until April 2022, the vast majority (90%) of all divorces filed in England and Wales were uncontested.
Without a doubt, agreeing to an uncontested divorce was the quickest, most convenient and by far the cheapest way to divorce in England & Wales.
The Divorce, Dissolution and Separation Act 2020 became law on 6 th April 2022 and drastically reformed the by removing the concept of fault with the aim of simplifying the proceedings and helping couples avoid unnecessary acrimony.
Therefore, it is no longer necessary, or even possible, for either party to prove ‘fault’ to obtain a divorce.
This part of the new is intended to end the ‘divorce blame game’ and more importantly, for some, it also means not having to wait at least two years before getting divorced.

However, under the new no-fault divorce law, the ability to contest a divorce has been removed.
This doesn’t mean that you can get an instant divorce, a will complete within 6-7 months.
Being able to contest a divorce is one of the key changes to the new divorce law, which means that a divorce will now be granted by a Judge based only on the irretrievable breakdown of the marriage.
You can now get divorced in England or Wales if all the following are true:

You have been married for over a year
Your relationship has permanently broken down
Your marriage is legally recognised in the UK (This also includes same-sex marriage)

It is generally accepted that no-fault divorces better reflect modern relationships.
You can which is easier than the former postal service.
There is also the ability to submit a with your spouse.
Previously the five ‘grounds for divorce’, one of which needed to be specified as evidence of the irretrievable breakdown of the marriage did not fit with the real reasons for divorce.
Furthermore, insisting on the apportionment of blame for marriage breakdown could hinder the divorcing parties from reaching a divorce settlement and may have been detrimental to mediation, as well as affecting any children involved.
The new law has retained the irretrievable breakdown of a marriage as the sole ground for divorce.
However, the requirement to specify one of the five grounds for divorce has been replaced with a simple ‘statement of irretrievable breakdown’ – thereby abolishing the requirement to administer any blame.
The basis of no-fault divorce remains the same: divorce is only possible when a marriage has irretrievably broken down.

More affordable – you’ll save over £750 on the cost of your divorce
No complicated form filling – we do this all for you
Stress-free – t here is less acrimony involved with no-fault divorce cases
Everything can be done online – 24/7 online case access to
No court attendance required – n o court appearance, time off work, or knowledge of legal procedures is required

There is no legal requirement to instruct a solicitor when getting a divorce.
In fact, there are numerous when compared with instructing solicitors.
Solicitors are often used by couples as a way of receiving professional legal advice on their options and financial position.
If both parties are in agreement to divorce and have discussed their finances together, solicitors are rarely needed.
If you have complex financial decisions and/or can’t come to an agreement with your ex-husband or wife, then instructing a solicitor to help is sensible.

Do I have to pay court fees for divorce UK?

If you’re getting divorced or dissolving your civil partnership, you or your ex-partner (husband, wife or civil partner) will have to pay court fees. You have to pay them whether you sort out the divorce or dissolution yourself or use a solicitor to help you.

the simplified procedure (also known as a do-it-yourself divorce) the ordinary procedure.

The fees you pay will depend on which one you choose. Here are the amounts you’ll need to pay to get a divorce or dissolution in Scotland.

To finalise your divorce or dissolution, the fee for the ‘minute for decree’ is £53. This is the legal term for the document finalising the divorce or dissolution. To apply for an ‘ordinary’ divorce or dissolution where the ‘simplified’ procedure can’t be used – the fee is £165 in a sheriff court or £184 in the Court of Session. To apply for a ‘simplified’ divorce or dissolution – the cost is £134 (Sheriff Court) or £140 (Court of Session). You might be able to use this if you don’t have children under the age of 16 and you and your ex-partner aren’t claiming a lump sum or ongoing payments from each other.

(2020 Scottish Courts and Tribunals Service figures) You might be able to get help with paying court fees if you’re on certain benefits or if you have savings and income below a certain amount. You’ll need to fill in an ER1 form for help with court fees.

Download the form at the Department of Justice Most solicitors offer a fixed-fee divorce or dissolution service – but they can also charge by the hour.
The amount you’ll have to pay will depend on how much work the solicitor has to do for you.
You can cap fees or the work you want your solicitor to do.

Try to agree in advance how much email or telephone contact you’d like. Solicitor (charging hourly rate): Total costs range from £2,000 to £3,000 for a negotiated financial settlement. And £30,000 (plus VAT) or more for a financial application that goes all the way to a contested final court hearing.

Costs will depend on whether you’re trying to decide on care and support for your children, or to sort out your finances, or both. It’ll also depend on how much you and your ex-partner can agree between you and how complicated your circumstances are. Solicitor (charging fixed fee): Total costs for drawing up a consent order after an uncontested financial settlement could start at £250 (plus VAT).

There will be court fees on top of this, depending on what you agree with your solicitor. This won’t include negotiating how complex assets – for example, a pension – should be divided, or extra work if you and your ex-partner can’t agree a settlement.

Collaborative family lawyer: Costs can be hard to estimate but could range from £8,000 to £15,000.
Online divorce or dissolution service: Total costs of up to £400 if a solicitor manages your divorce or dissolution.
And between £40 and £200 if a solicitor isn’t involved in the process, plus you’ll need to pay court fees.

You’ll need to check whether the service will cover just the divorce or dissolution paperwork or the financial settlement as well. Mediator: Mediators usually charge from £100 an hour. And most couples have between three and four sessions. If you want to take your case to court, it’s usually a legal requirement to attend a Mediation Information and Assessment meeting (MIAM).

if you live in England and Wales, at the Family Mediation Council if you live in Scotland, at Scottish Mediation if you live in Northern Ireland, at Family Mediation NI If you go to a solicitor first, they’re likely to talk to you about whether it would help to use mediation first.

You can no longer get legal aid to pay your solicitor’s costs unless there’s evidence of:

domestic abuse (including financial abuse ) violence, or child abduction.

But you might still be able to get legal aid to help pay mediation costs. You might be able to get legal aid to pay towards the legal costs of divorce or dissolution. You’ll be assessed on how much income, savings, investments and valuables you have (not including your main home). You might also be able to get legal aid if you receive certain benefits.

Skye Skinner