The family lawyers' group Resolution has said there is "no justification" for government plans to increase the Court fee for a divorce from £410 to £750.
The Ministry of Justice announced plans in December 2013 to increase Court fees for Divorce and some other family applications (as well as fees for high value commercial cases).
Resolution said in its response that the case for setting family Court fees purely on the basis of cost "has not been made in relation to family proceedings". They continued, “there is no justification for charging the public more than the actual cost (even as they do today) of using a service to pursue a legal remedy which is their right under statute.”
The family lawyers group also commented "the proposed Divorce petition fee is disproportionate to the actual cost and where there is no apparent commitment to that revenue being spent on under-resourced family court services." Resolution said the government seemed to assume that there would be a 'willingness' amongst divorcing couples to pay the higher fee to complete the dissolution of the marriage and that those divorcing could afford to pay.
The proposed increase in Court fees for divorce could result in people remaining in marriages which have failed and in conflict for longer which has been consistently demonstrated not to be in the best interests if children.
There is no proposed timescale for these change in Court fees as of yet as many people have opposed the increase however if you are going through matrimonial difficulties or are considering getting a divorce now is the time to act and seek legal advice.
If you’re contemplating divorce and want to know the options available to you, the family law team at Howells can help. For personal advice and an approachable service, talk to us. Call 0808178 2772 or email info@howellslegal.com.
by Tristan Lewis
