Scandal as divorce fees soar with immediate effect

Whilst it may not have been the astronomical 55% increase originally proposed by the Coalition Government in 2013, the rise of 34% in divorce fees is undoubtedly one of the greatest scandals of the year in the world of family law. The fee of £410, now increased to £550, was already considered to be excessive in circumstances where the Ministry of Justice estimates that the average cost of dealing with an uncontested application for a divorce is only £270.

This wholly unexpected announcement, which saw the increased fee come into effect across England and Wales on 21 March, only a matter of days later, has been deemed both hasty and unjustified. Jo Edwards, Chair of Resolution, commented that ‘The Government should have waited until the Justice Select Committee, which is currently holding an inquiry into court fees, had published their findings.’ On the face of it, and in the absence of a full impact assessment, the rise appears to be nothing more than a means for the Ministry of Justice to generate income.

Whilst much has been made recently of the growing pressure on the Family courts and the lack of resources available to meet those demands, one has to ask whether this is really the fairest way to alleviate some of those financial strains. Those wishing to dissolve their marriage, even if they chose to mediate or negotiate matters privately without recourse to the court system, have no choice but to apply to the court for a divorce. Critics have highlighted the injustice of overcharging this captive audience and commented that the rise is set to impact more greatly on women, who account for almost two thirds* of applications for divorce.

The Ministry of Justice has defended the move, commenting that the increase is necessary in order to reduce the burden on the taxpayer and highlighting the existence of a remission scheme to protect and help those who cannot afford to pay. It remains to be seen how accessible that scheme will be to those in the most vulnerable position and whether they will instead remain trapped in unhappy or even violent marriages.

*According to the Office for National Statistics, of the 118,140 divorce applications made in 2012, 76,490 were by women and 41,601 were by men.

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