29th September 2010

On 1st September 2010, the cost of filing for divorce rose to £340, an increase of 14%. But divorce solicitors in London, Brighton and throughout England and Wales warned couples who were contemplating the commencement of divorce proceedings that the costs could rise still further in 2011.

The Ministry of Justice has warned that the current position, whereby family fees are set below full cost and benefit from heavy subsidies, is unsustainable and will have to change as a part of the Public Spending Review.

A spokesperson for the Ministry of Justice said, "The Government is committed to family justice and the role it plays in resolving disputes and protecting the vulnerable. However, we need to ensure the system is financially viable, now and into the future, without relying on taxpayers."

The civil and family law courts currently cost £619 million a year to run. In 2009/10 fees covered 82% of the cost of maintaining the courts. Taking into account the reduction of work seen in 2009/10, the prospective shortfall for 2010/11, against a target income of £512 million, will be £45 million.

It is, therefore, believed that an increase in divorce filing fees may be seen by the Treasury as an easy way of generating income.

Family law lawyers and debt experts are warning that the planned increase in fees, which could see them rise to more than £500 next year, will place a greater financial burden on separating couples and could prompt couples to rush into divorce proceedings in the next few months to save money.