How much does a divorce cost?
The cost of a divorce ultimately depends on the case, the people involved and the extent of the dispute between you and your ex-spouse. One of our Family Lawyers Hayley Mitchell speaks about this in more detail on our TikTok channel.
At your first appointment with your solicitor, we would consider your circumstances, the extent of the dispute or future dispute and give you an indication of what costs you can expect to resolve your divorce.
Simplified process
The cheapest way to get a divorce is by using the simplified procedure, however, this is not available to everyone.
1. Unfortunately, if you have children under the age of 16, you cannot use this.
2. You also need to have agreed all the financial matters with your ex-spouse.
3. You must be separated for one year, if your spouse/civil partner will provide their written consent to divorce, or otherwise for at least two years.
We can assist you to complete the application and lodge the papers on your behalf for a fixed fee of £375 (plus VAT) and the court outlay which is currently £134 (as of April 2023). You do not need to have a solicitor assist you to complete this for, but you will require a notary public (most solicitors are notaries), or justice of the peace and the sheriff clerks at each court can provide further guidance on the procedure.
Undefended divorce
If you have children under the age of 16 but have agreed all the financial matters, it is likely that your spouse will not want to contest a divorce. We offer a fixed fee package for an undefended, ordinary divorce for £1,400 (plus VAT) and court outlays which total £237 (as of June 2023). Where we have been instructed by you in reaching an agreement and drafted the Minute of Agreement for you, we will always offer you a discount on the fixed fee for a simplified divorce.
If your divorce is contested, it is often very difficult to predict how much it will cost. Please contact us directly and we will be able to offer some insight.
How long does a divorce take?
All the financial issues arising from the separation must be dealt with by agreement or court order before the divorce can be granted. The divorce is the last step in the process.
The courts are busy and there are certain procedural steps which have to be taken, and therefore most contested divorces take about a minimum of nine months. It is not unknown, or even unusual, to take more than a year.
If there are no financial matters to consider, or they are dealt with by agreement, it is possible to be divorced within a matter of months as long as you have a legal basis for divorce.
On what grounds can I ask the courts for a divorce?
In Scotland, to apply for a divorce you must be able to prove that your marriage has broken down permanently as a result of one of the following reasons:
1. Your spouse has committed adultery, which means they have had sexual relations with someone of the opposite sex;
2. Your spouse has behaved in such a way that you cannot reasonably be expected to continue to live with them as their spouse;
3. You and your spouse have not lived together as a couple for one year and your spouse consents to divorce; or
4. You and your spouse have not lived together as a couple for two years or more.
Additional Family Law support
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At Johnson Legal Family Law, we understand that seeking Family Law advice can be daunting. However, when you get in touch with us, you will find a tailored, highly personal and reassuring approach which will empower you to take back control.
We offer all our clients a free, 15-minute consultation call with one of our solicitors to determine how we can help. Call our office on 0131 622 8477, email [email protected] or submit your enquiry here.
