UK family law: divorce fees, children and property
Start with the legal system that applies to you, then separate the decisions about divorce, money and children. Compare court fees, check the issues that need prompt advice and use the checklist to prepare for a solicitor.
Key points
- England and Wales, Scotland and Northern Ireland have different divorce procedures. Overseas connections or existing proceedings can affect which court can deal with your case.
- Court fees differ: an England-and-Wales divorce application is £628; a qualifying Scottish sheriff-court simplified application is £156; the basic Northern Ireland County Court stages total £856. Compare what each amount covers.
- Divorce ends a marriage. It does not automatically settle property, pensions, maintenance or arrangements for children.
- Children’s welfare governs decisions about their upbringing. There is no automatic right to a 50/50 time split; safety concerns can change the appropriate next step.
- Scottish financial claims need particular care: address divorce-related claims within the proceedings, and check the one-year limit for a separated cohabitant’s section 28 claim.
- Legal Hotline’s free information line is 0800 007 4103. A £145 arrangement fee including VAT includes an initial one-hour solicitor consultation; prepare your documents first.
In England and Wales, Matrimonial Causes Act 1973 section 1 normally requires 20 weeks before confirmation to proceed to a conditional divorce order and a further six weeks before finalisation, while Scotland and Northern Ireland have different divorce procedures.
Checked on 23 October 2026: current UK legislation, HMCTS fees updated 13 July 2026, Scottish court guidance and the 2026 fee order, and Northern Ireland government guidance. Sources and limits of this check.
What do you need help with first?
Your address is only part of the jurisdiction question. Tell the solicitor where each person lives, where the marriage took place, any overseas connections and whether a court case already exists. Civil partnerships have dissolution procedures; ask for the appropriate forms rather than reusing a divorce application.
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| Your situation | Next step | What to have ready |
|---|---|---|
| Starting a separation | Identify immediate housing, money, children and safety needs. Living apart does not itself end a marriage. | Relationship and separation dates; any existing agreements or orders. |
| Received court papers | Read the court name and response deadline and obtain advice promptly. There is no single response period for every UK family case. | Every page, envelopes or service details, and hearing dates. |
| Agreed how to divide money | Check how to make the agreement binding, including pensions and whether the intended financial claims will be dismissed. | Assets, debts, income, pensions and the proposed agreement. |
| Disagree about children | Consider a safe parenting plan, suitable mediation or the correct court application. Urgency or abuse may require a different route. | Current arrangements, disputed issues, existing orders and welfare concerns. |
| Unmarried relationship has ended | Check ownership, contributions, agreements and any financial claim deadline. | Title or tenancy papers, payment records and the cohabitation end date. |
Divorce court fees across the UK
These are court charges, separate from solicitor fees, service costs and Legal Hotline’s arrangement fee. A low income or qualifying benefits may support an application for fee help, but eligibility and procedures differ. Check the court’s current fee before filing.
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| Legal system and application | Court fee | What the figure means |
|---|---|---|
| England and Wales: divorce | £628 | Application fee under the HMCTS schedule updated 13 July 2026. Money and children applications are separate. |
| Scotland: simplified divorce in sheriff court | £156 | 2026 fee from 1 April. Only available if the simplified-route conditions are met; includes extract decree. |
| Scotland: ordinary divorce in sheriff court | £191 | Initial writ fee including extract decree; additional steps can involve other fees. Court of Session fees differ. |
| Northern Ireland: County Court divorce | £856 basic staged total | £326 petition + £407 setting down + £123 final decree. This is not an all-in legal bill. |
| Northern Ireland: High Court divorce | £937 basic staged total | £326 petition + £488 setting down + £123 final decree. Other costs may arise. |
| Application | Court fee |
|---|---|
| Agreed financial consent order | £62 |
| Contested financial order | £321 |
| New Children Act application, such as a child arrangements order | £270 |
| Non-molestation or occupation order | No application fee |
Sources: HMCTS EX50, Sheriff Court Fees Order 2026, Schedule 1 and NI Direct divorce guide. The Northern Ireland page publishes current amounts without stating a fee commencement date.
Which divorce process applies?
England and Wales: no-fault divorce is available by sole or joint application once the marriage has lasted over a year and the jurisdiction requirements are met. The other spouse cannot contest simply because they disagree that the marriage has broken down; jurisdiction or validity issues are different.
The standard process has 20 weeks before confirmation to proceed to a conditional order, then normally six weeks and one day before applying for the final order. Court processing adds time. The law allows the court to shorten periods in particular cases; this is not a guaranteed six-month completion service.
Scotland: one year’s separation with consent or two years without consent can establish irretrievable breakdown; adultery or behaviour grounds also exist. The simplified procedure requires, among other conditions, no children of the marriage under 16 and no unresolved financial matters. It is not available for every agreed divorce. Where the conditions are not met, the ordinary procedure is more involved.
Northern Ireland: you cannot apply during the first two years of marriage. Grounds include two years’ separation with consent or five years without, as well as specified fault grounds. A hearing forms part of the process. An application for the final decree is normally possible at least six weeks and one day after decree nisi. Read the Northern Ireland procedure before choosing forms.
Scroll the tables sideways to compare all columns.
| Jurisdiction | Ordinary requirement |
|---|---|
| England and Wales | Marriage over one year; 20 weeks before confirmation for a conditional order, then normally six weeks and one day before applying for the final order. |
| Scotland — separation grounds | One year separated with consent, or two years without consent. Processing time is additional; other grounds have different requirements. |
| Northern Ireland | No application in the first two years of marriage; separation grounds require two years with consent or five without; normally six weeks and one day from decree nisi to final-decree application. |
Protect your position on property and pensions
Do not assume that an informal agreement or the divorce itself ends all financial claims. Ask what will make your agreement binding, how pensions will be dealt with and whether ongoing maintenance or other claims remain. A financial order is not necessarily a complete clean break.
In England and Wales, a court-approved consent order can make an agreed settlement legally binding. Obtain advice before the final divorce order or remarriage: pension consequences and restrictions on new financial applications can matter. Northern Ireland has its own financial-order rules; the £62 England-and-Wales fee does not apply there.
In Scotland, raise financial claims within the divorce proceedings. Section 12 of the Family Law (Scotland) Act 1985 allows a capital or property-transfer order when divorce is granted or within a period specified by the court at that point. Do not complete the divorce expecting to start a fresh financial claim afterwards.
A property outcome is not a universal 50/50 calculation. The relevant law, assets, debts, needs, contributions and any agreements must be considered. Scottish matrimonial-property rules differ from those in England and Wales or Northern Ireland.
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| Before you… | Check with the solicitor… |
|---|---|
| Apply for final divorce or remarry | Whether financial applications, pension protection or other rights need to be preserved first. |
| Sign a settlement or transfer the home | The full assets and debts, affordability, mortgage position, pension treatment and binding effect of the agreement. |
| End Scottish divorce proceedings | That financial claims and any court-specified later period have been addressed. |
| Wait after Scottish cohabitation ends | Whether a section 28 claim must be filed within one year; negotiations are not a reason to ignore the limit. |
Children, mediation and maintenance
Decisions about children’s upbringing focus on their welfare. Parenting time, responsibility for decisions and financial support are separate questions. There is no automatic equal-time entitlement. Existing court orders must be followed unless lawfully changed.
In England and Wales, you normally attend a Mediation Information and Assessment Meeting (MIAM) before a contested child arrangements application. Exemptions can apply, including domestic abuse or urgency, with the required evidence. A MIAM assesses suitability; it is not an instruction to mediate regardless of safety. Scotland and Northern Ireland have their own procedures.
Prepare a practical proposal for school days, weekends, holidays, handovers and communication, where safe. For maintenance, use the Great Britain official calculation guide or the Northern Ireland maintenance guide. Income bands, other children, shared care and other adjustments can affect the result; a short percentage table cannot determine every case.
What if you were not married?
Living together does not automatically give you the financial rights of a divorcing spouse. Ownership, tenancy, agreements, contributions and provision for children can still matter. Avoid assuming either that everything is shared equally or that you have no claim.
In Scotland, Family Law (Scotland) Act 2006 section 28 provides a specific financial claim when cohabitation ends other than by death. An application under that section must be made no later than one year after cohabitation ends. This is not a statement that every other property or contractual right expires after a year; get prompt advice about the correct claim and end date.
If someone is unsafe or a child may be removed
Call 999 for immediate danger. Seek urgent advice if a child may be removed, an order has been breached, or you need protection from abuse. Tell the adviser about any existing orders and hearings. Do not delay urgent help while assembling a complete document file.
Protective remedies differ by jurisdiction. England-and-Wales non-molestation and occupation applications and the corresponding Northern Ireland applications have no court application fee, though other costs can arise. Scottish remedies have different rules. Court timing, the appropriate order and enforcement consequences require individual advice.
Prepare for your first solicitor consultation
Bring the documents you have and identify what is missing. This is a preparation checklist, not a mandatory filing list. Use the first conversation to clarify the relevant jurisdiction, urgent deadlines, options and the cost of any further work.
Scroll the tables sideways to compare all columns.
| Information to gather | Why it helps |
|---|---|
| Marriage or civil-partnership certificate; relationship and separation dates; UK nation and overseas links | Helps identify the correct process and jurisdiction questions. |
| Court papers, orders, agreements, service dates and hearing notices | Lets the solicitor check existing obligations and response dates. |
| Children’s ages, current arrangements and immediate welfare concerns | Supports a practical discussion about care, safety and proposed changes. |
| Property or tenancy papers; mortgage, pension, savings, debt and income information | Helps identify financial issues and documents still needed. |
| A short timeline and your three main questions | Keeps the first hour focused on your next decisions. |
Arrange a one-hour family solicitor consultation — £145
Use the checklist above to prepare. Ask the solicitor which legal system applies, what needs attention first, how to protect your financial position and what further work would cost.
£145 including VAT is Legal Hotline’s matching and arrangement fee. It includes a complimentary initial one-hour consultation with the matched solicitor by phone or video, with no additional charge for that first hour. Any ongoing advice, drafting or representation is agreed and charged separately by the solicitor.
Confirm availability through the booking service. The free 24/7 information line uses Jen, an AI assistant. Jen is not a solicitor and provides general legal information, not advice on your case.
Official help and free legal information
Check these official routes if you need free information, fee help or an assessment for publicly funded legal advice. Eligibility and availability vary.
England and Wales — Civil Legal Advice
Call 0345 345 4345, Monday–Friday 9am–8pm or Saturday 9am–12:30pm, UK local time. Advice may be free if you qualify; call charges may apply and a callback is available. Scope and financial eligibility checks apply.
Scotland — find a legal-aid solicitor
The Scottish Legal Aid Board directory helps you find a solicitor offering legal aid. The solicitor assesses the case and applies where appropriate; the Board itself does not provide legal advice.
Northern Ireland — government divorce and advice routes
NI Direct explains the local court process and links to advice services and the solicitor directory. Check local legal-aid and court-fee help rather than using England-and-Wales eligibility rules.
Domestic abuse — official support routes
Find support services for the relevant UK nation. If you or someone else is in immediate danger, call 999.
Common questions about UK family law
How much does a UK divorce cost?
There is no single UK fee. The England-and-Wales application is £628. A qualifying simplified sheriff-court application in Scotland is £156; the ordinary initial writ is £191. Northern Ireland’s basic stages total £856 in the County Court or £937 in the High Court. These are court charges, not total legal costs. See the fee comparison and qualifications.
Can we separate without getting divorced?
Yes, living apart does not itself end a marriage. Children, housing and financial arrangements still need attention. A separation agreement or formal judicial separation has different effects from divorce; get advice on the appropriate option in your jurisdiction.
Do we need a financial order if we already agree?
In England and Wales, court approval of a consent order can make an agreement legally binding. Its terms determine whether particular claims are dismissed or maintenance continues. Scotland and Northern Ireland use their own rules. Obtain advice on pensions and financial claims before finalising divorce or remarrying.
Must I mediate before going to court about children?
In England and Wales, a MIAM is normally required before a contested child arrangements application, unless an exemption applies. Domestic abuse, urgency and other circumstances can justify an exemption with appropriate evidence. The MIAM assesses suitability; mediation is not appropriate for every case. Other UK jurisdictions have different procedures.
What if we lived together but were not married?
Check ownership, agreements, contributions and the children’s needs. Cohabitation does not automatically create married-couple divorce rights. In Scotland, a section 28 financial application must be made no later than one year after cohabitation ends; seek advice promptly about that specific claim and any other rights.
What does the £145 consultation booking cover?
£145 including VAT is Legal Hotline’s matching and arrangement fee, including a complimentary initial one-hour consultation with the matched solicitor by phone or video. Ongoing work is separately agreed with the solicitor. The free AI information line is a separate general-information service and does not provide personal legal advice.
Sources and update record
Checked on 23 October 2026 against the linked primary sources. HMCTS fees were updated on 13 July 2026; Scottish sheriff fees use Schedule 1 effective 1 April 2026. Northern Ireland amounts are those currently published in its government guide. This update does not claim a new personal solicitor review.
- GOV.UK: getting a divorce
- Matrimonial Causes Act 1973: section 1, no-fault divorce and periods
- HMCTS: family court fees EX50
- Scottish Courts: divorce and dissolution procedures
- Sheriff Court Fees Order 2026: Schedule 1
- Divorce (Scotland) Act 1976: section 1
- NI Direct: divorce and dissolution
- GOV.UK: financial consent orders
- Matrimonial Causes Act 1973: section 28, remarriage restrictions
- Family Law (Scotland) Act 1985: financial orders, section 8
- Family Law (Scotland) Act 1985: timing of capital/property orders, section 12
- Family Law (Scotland) Act 2006: cohabitation claims, section 28
- Children Act 1989: welfare, section 1
- Children (Scotland) Act 1995: section 11
- Children (Northern Ireland) Order 1995: article 3
- GOV.UK: applying for a child arrangements order
- Legal Hotline: UK booking and consultation formats
- Legal Hotline: arrangement-fee terms and first consultation
General information only, not legal advice. Updated . Checked against the sources above on 23 October 2026.