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Why the Government Think you should Pay £750 in Court Fees for a Divorce

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

On the 3rd December, the government published a consultation paper on court fees. This consultation, which discusses the fees that people pay when they use the courts and whether or not they are appropriate, is still ongoing and will not conclude until the 21st January next year. We are writing this post as we have reviewed this consultation paper and have noted that it is clearly stated within this document that the current fee payable when filing for a divorce is greater than the cost that the courts accrue to process it. This, of course, contradicts the widely held belief that any public body that charges for its services should do so to cover the costs of providing this service only. Additionally, the paper discusses the possibility of significantly raising this fee. Both of these facts are, we feel, in the public interest. The paper argues that, in order to reduce the costs of running the courts to the taxpayer, certain applications, such as those for divorce, commercial proceedings and claims for money, should be subject to a larger fee. This proposal stems from the fact that research has shown that fees are unlikely to deter individuals from using the courts should they require such a service. It should also be added that the paper makes it clear that individuals would still be entitled to have court fees reduced or waived entirely should the applicant qualify. The paper goes on to state that, whilst it proposes that the fee to file for a divorce should remain at £410 (£140 more than the £270 costs accrued by the court for each application), under what it has deemed ‘cost recovery proposals,’ it further posits that, depending upon the reaction to this consultation, that the fees for an uncontested divorce rise to £750 in order to generate, it estimates, an additional £30m per annum for the treasury. We have reviewed the internet and other sources for reactions to these proposals and have been surprised to discover that these proposals are not being discussed and, ultimately, that very few people are aware of them. Quickie Divorce therefore feel that we should do our utmost to circulate this information so that people may voice their opinions on the proposals contained within this consultation paper. Do you feel that it is reasonable for the courts to charge £750 to process an uncontested divorce? Perhaps you don’t think that the courts should charge any fees whatsoever, that the courts should recoup their costs only or simply wish to voice an opinion on any other aspect of the consultation paper. Whatever your opinion, make sure it’s heard by emailing mojfeespolicy@justice.gsi.gov.uk, calling 020 3334 4938 or writing to Graeme Cummings, Ministry of Justice, Law and Access to Justice Group , Post Point 4.38, 102 Petty France, London SW1H 9AJ.

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