Ministry of justice U-Turns on 10% hike on divorce court fees
The Ministry of Justice (MoJ) has announced a number of changes to court and tribunal fees, however, divorce fees will remain at the same rate of £593, after a proposed 10% increase.
The U-turn comes after being told higher fees ‘could force couples to remain in unhappy or abusive relationships’ by consultation respondents. There was a particular concern with the outcome for women- as they apply for divorce at a higher rate than men.
In 2016 former president of the High Court Sir James Munby said that those who want a divorce are being ‘penalised’ for doing so due to high court fees.
The consultation response said:
‘They 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.”
After revealing plans to raise up to £42m extra a year by increasing 202 court fees by 10%, the Ministry of Justice confirmed in a consultation response document published this week that only 170 fees will be increased.
Of course, we welcome the news that the divorce application fee will not increase, but the reality is that for many families £593 is a punitively high sum for a process which is intended to be simple, online and easy to use. At any time, but particularly during a cost of living crisis, separating couples have a limited budget to resolve their divorce, and spending £593 on a paper exercise, which provides no advice or assistance with the arrangements for their children or division of their finances, is a hugely inflated and unwelcome cost at the very start of the process.
Author Name: Editor
Published content by The Divorce Surgery Editorial Team.
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