What’s the cheapest way to divorce?

Although January is often dubbed ‘Divorce Month’, many solicitors report that March consistently sees the highest number of divorce filings.

And with world conflicts threatening to escalate the cost of living again, many soon-to-be-ex couples are seeking the cheapest way to divorce.

On the face of it, online no-fault divorces look like one of the cheapest options for uncontested splits – in England and Wales, for example, these can be done on the government website for a fee of £612.

In Scotland, online applications are through the Scottish Courts and Tribunals Service website, in Ireland divorce applications can be made online through the Courts Portal, but in Northern Ireland you can’t file for divorce online.

Francesca Sanderson, a lawyer at Stowe Family Law, says: “Divorce has financial implications in two key respects. Firstly, the end of a marriage isn’t simply the end of a personal relationship, it also involves the severing of financial ties between a couple.

“Secondly, there are costs associated with the divorce process, including the divorce application fee, solicitor fees for advice and support with financial negotiations, and potentially significant costs if a financial agreement can’t be reached, and court proceedings become necessary.”

She says without the right guidance these costs can feel overwhelming, but stresses: “With the right approach and guidance, it’s possible to manage costs and preserve more of your resources to help you build a new life post-divorce.”

Here are Sanderson’s and other legal and financial experts’ tips on how to keep divorce as cheap as possible…

Get a pre- or post-nuptial agreement

Getting the right financial and legal advice allows couples to agree a clear approach in case their relationship breaks down, says Patricia Astley, relationship manager at wealth manager Julius Baer International.

“This may include a fair pre- or post-nuptial agreement that provides security and predictability for both parties, and can help prevent costs escalating, particularly where there are complex financial arrangements, or efforts to protect individual wealth,” she says.

Couples should also talk honestly about their long-term financial health, including investments, assets, pensions and retirement plans. “That way,” she says, “if divorce happens, it’s not just a matter of who keeps the house, and both can go into discussions with their financial objectives clear, keeping professional fees down.”

Prepare well

Deborah Jeff, head of the divorce and family department at Simkins law firm, says the number one cost-saving measure for people planning to divorce is to do as much preparation of their case as possible before anything else.

“A common problem where significant costs are incurred by solicitors is where clients pass on disorganised papers that are missing vital key information,” she says, pointing out that such messy paperwork then has to be put in order by a junior solicitor, which can incur costs.

She suggests divorcers then prepare a summary of their case and an outline of the assets before seeing a solicitor.

“If it’s a financial dispute or a dispute regarding children, they can just list the key points of disagreement so the meeting is conducted in a really cost-effective way,” she suggests.

No-fault online divorce

The administrative side of no-fault divorces is now completed online, with many firms offering fixed-fee services to help with the process.

But Jeff points out that while the no-fault divorce process is now “somewhat simplified” and online, “that just undoes the marriage itself. It doesn’t deal with the finances or arrangements for the children, so anything outside of undoing that legal state of marriage would be separate to the cost of the divorce.

“You couldn’t possibly deal with all of those satellite issues within the fixed-fee cost of the divorce.

“We often spend time correcting mistakes on cases where a client is trying to do too much themselves, or to run things as cheaply as possible, so know when you can organise the essentials of your case, but also know when you need to see a specialist.”

Try an ‘unbundled retainer’

“What’s really sensible is just to have a one-off consultation with a lawyer regarding the children and financial issues,” Jeff advises.

“You run the case, but you can seek advice through your unbundled retainer as and when you need it. So that’s a better way for clients to keep an eye on the overall cost.”

Keep out of court

Warring parties are strongly expected to try alternative dispute resolution (ADR ) such as mediation before they issue court proceedings, and Jeff says it’s one of the best things they can do to avoid the expense of a court case.

She explains: “There’s such a backlog of work in the family justice system, so mediation is a really good way of trying to resolve matters. Try and keep it out of the court as much as you possibly can.”

Another way to avoid an expensive court battle is through using family arbitration, and Jeff explains: “Essentially, it’s a private adjudication service – you opt out of the family courts and into family arbitration. It tends to resolve matters quickly and effectively.”

But both parties have to agree to it, and she warns:  “If one party is trying to draw it out, perhaps hoping the other party runs out of money to fund their legal fees, then they’re unlikely to agree to arbitration.”

Are you eligible for Legal Aid?

In certain circumstances, particularly where there’s been domestic abuse, divorcing people may be eligible for Legal Aid to help cover the cost of legal advice and representation, says Sanderson.

Eligibility is means-tested, and she says: “For people who may not otherwise be able to afford legal representation, and where there are concerns about engaging directly with an ex-partner, this can be an essential source of assistance.”

Don’t use your lawyer as a therapist

“One of the ways clients can run up unnecessary costs is by using their divorce lawyer as a therapist,” she explains. “Try not to do this and focus on what your legal agenda is for the divorce process.”

She says this includes being clear with your lawyer about what you want to achieve, and asking whether it’s possible. “This will reduce the risks of running up costs where you’re unlikely to achieve your objectives,” she says.

“While divorce is understandably an emotional process, try to be as commercially minded as you can – this will almost always be the most cost-effective way forward.”