Probate is needed if the estate is valued above the probate threshold, plus the assets owned are in one name only despite there being a will.
At the end of a marriage, people often wonder “how much it costs to get divorced?” Couples who decide to get a divorce through a professional high street divorce lawyer will typically pay between £750 and £1,500 plus VAT.
Please note that if you are in employment, the petitioner (the person requesting the divorce) will need to pay a £550 fee to the divorce centre for processing their claim. This amount is separate from any fees you pay to one of our family solicitors in London, Leicester or Birmingham. In some cases, you may be able to split this cost with your spouse.
The prices quoted above, however, are for a “basic divorce.” You may end up paying more if there are complications. Additional costs arise when there is a dispute between parties or contacting one member of the couple becomes challenging.
How Much Does it Cost to Get Divorced If One Party Is Abroad?
If you or your spouse is abroad, it can increase the cost of divorce.
Managing a divorce across jurisdictions usually requires more specialist work on the part of the solicitor. If one of the parties files for divorce in a different country from the one in which the marriage is registered, it can have problematic implications on the division of property. In Scotland, for instance, the law entertains the concept of “matrimonial property” meaning assets acquired during the marriage. This is separate from the assets held privately by each party. There are different rules for initiating divorces in EU- and non-EU countries.
If One Party Refuses To Sign
In some situations, one party may refuse to sign the divorce papers, giving their consent for proceedings to go ahead. In these cases, the first step is usually mediation – an attempt to use third parties to discover why one spouse won’t sign and encourage them to do so. The second stage is to summon the opposing party to court to contest the divorce, which increases legal costs considerably.
If You Require A Bailiff Service
Sometimes you need to hire a bailiff to collect assets or property the other party owes you. Hiring these services, however, also costs money.
If There Is A Dispute
In some cases, there may be a dispute between parties regarding the reasons for the divorce or financial assets.
For instance, the petitioner might cite adultery as the reason for the divorce, but the other party might deny it. In this case, the petitioner usually needs to ask their solicitor to resolve the dispute on their behalf. Sometimes, the best strategy is to change the petition to another legally acceptable reason for divorce. The other approach is to seek mediation or take the case to court.
Most couples want to avoid disputes in court, so they hire solicitors to communicate back and forth with each other. Lawyers charge by the hour, so this raises the cost.
Please note that the costs of taking a contested divorce case to court can cost a lot of money. Fees may exceed £10,000.
The most affordable divorces are amicable ones. If both parties can agree on the terms of the divorce beforehand, then it can cut the costs substantially.
If you need help with your divorce, our family law team can guide you through the process.