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‘Who pays divorce fees?’ is another of the questions Quickie Divorce’s advisers respond to on a regular basis. There is a common misconception that the Respondent (the person not filing for the divorce) will always be required to pay the court fees but, as this article will show, this is not the case. More often than not, it will be the Petitioner (the person filing for the divorce) that pays the court fee (which currently stands at £550). This fee covers the administrative work that will be undertaken by the court and becomes payable once the documents are filed. The fee is paid either by debit/credit card (the courts will call the Petitioner shortly after their documents have been received to collect this) or cheque. As a result, the Petitioner will, initially, always pay the fee. The Petitioner is, however, provided with the opportunity to request that the courts order the Respondent pay all or part of this fee within section 11 of their Divorce Petition, though this request will not be considered if the divorce relies upon that fact that the couple having been living separate lives for more than five years. As part of the divorce process, the Respondent will be sent a form (known as an Acknowledgement of Service or D10) asking them a series of direct questions designed to establish if they consent to the divorce and agree with the facts presented within the petition. This form will also contain a section where the Respondent can either agree to, or dispute that they should, pay the court’s fees. In the event that the Respondent agrees, the onus is then on them to repay the fees to the Petitioner. If they have not been repaid prior to the Decree Nisi being granted, the words ‘Respondent to pay costs’ will be added to the Nisi effectively making it a Court Order enforceable through the small claims court. If they disagree, however, then following the Decree Nisi having been pronounced, the parties will be asked to attend what is known as a costs hearing. Here, the Petitioner and Respondent will be able to present their respective reasons for requesting/declining to pay the fees. A judge will then determine whether the Respondent should be required to pay any of these fees as well as how much and can even order them to pay their share in instalments if neccessary. In the event that Respondent still refuses to pay, the Petitioner will be able to use the order they will have been granted to obtain remuneration due to them via the small claims court. Should I claim costs from the Respondent? Whilst the above process can be used, it’s not something we would recommend. If your divorce is amicable, it’s far better to reach an informal agreement with your spouse beforehand. Using the above method will, in our experience, cause delays. Often, when a Petitioner formally requests that the courts order the Respondent to pay costs, the Respondent simply does not complete and return the Acknowledgement of service causing further costs and unnecessary delays. It may even stop the divorce from progressing entirely. If you have any further questions about court fees or anything else concerning divorce, get in touch with Quickie Divorce’s advisers by clicking here.