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Divorce Advice: Do you have to Pay Court Fees if you are Unemployed?

Edit: At time of edit, in 2018, court fees have risen again to £550

If you are unemployed and intend to apply for a divorce, then you may be able to save £410 by avoiding the court’s fees. In order to be entitled to this reduction, however, you’ll need to meet criteria or, as the court refers to them, tests.

Firstly, you must not have savings (including ISAs, money held in second properties, trust funds etc.), stocks, shares or any other type of disposable capital worth in excess of £3,000. Capital held in essentials such as your first home, its contents, vehicles (if selling it would leave you without transport), student loans or the cash value of various insurance products do not need to be considered, however.

If this test is passed, then you will also need to receive one of a number of state benefits (such as Jobseekers Allowance), earn below a certain amount of money before tax or have less than a certain amount of disposable income each month. The courts may also reduce their fees if you are not entitled to a full discount.

For more information on how and under which circumstances the courts can waive their fees for unemployed people filing for divorce click here.

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