Family lawyers have hit out at the Ministry of Justice’s (MoJ) “scandalous” decision to raise divorce court fees by more than one third.
The fees increased by 34%, from £410 to £550, on Monday. The Ministry of Justice consulted on proposals to make the increase last summer, but family lawyers only learned last week that the hike would go ahead.
Camilla Fusco, partner at Anthony Gold Solicitors, says the increase will be “a hugely unpopular move with people about to divorce and family lawyers”.
She says it will be “unaffordable for many and impossible to justify in terms of the actual cost to the court service. Divorce centres were introduced last year to make savings and speed up the divorce process.
“To make matters worse, no warning has been given of the new fee coming into effect which will cause confusion and delay with many petitions likely to be held up due to the wrong fee having been paid. It has also made it impossible to file petitions before the date of the increase.”
Jo Edwards, chair of Resolution, says: “Divorce is not a ‘choice to litigate’—it’s a necessary part of the legal process to bring a relationship to an end.
“Whether people mediate, negotiate their own outcome or go to court, they have to pay the divorce petition fee. The actual cost of the administrative process has been shown to be £270, meaning that at new rates the MoJ is making a profit of more than 100%—in effect, levying a divorce tax.
“The government should have waited until the Justice Select Committee, who are currently holding an inquiry into court fees, had published their findings. Instead, the way in which this has been gone about, with no formal consultation or announcement, demonstrates a shocking lack of transparency from government.
“The manner in which they’re implementing this increase, by calling courts [a week before] and instructing them to charge more from Monday, is not how a responsible government department should act.”
Simon Blain, partner at Penningtons Manches, says: “The Ministry of Justice has announced a very significant hike in the fee for issuing divorce proceedings to £550 at extremely short notice and without consultation. The 34% increase was announced on 17 March and will take effect from 21 March, meaning that very few couples will be able to start proceedings before the fees rise.
All couples going through divorce have to pay the fee, regardless of whether they are able to reach an amicable agreement about their finances and arrangements for the children. Two thirds of petitioners are women, who will be disproportionately affected by this fee increase.”
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