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Huge increase in divorce fees

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Jack J Collins, Editor, AllAboutLaw.co.uk

Last updated 31st March 2016

Last week the Ministry of Justice imposed a 34% increase in divorce fees, despite the fact that the motion was opposed by the majority of family lawyers.

It was proposed last summer that the Ministry would raise court fees for divorces from £410 to £550, but lawyers only became aware that the proposals were to come into force a week before they did, when they received emails from divorce units.  

Speaking to the Law Gazette, Marilyn Stowe stated that: “The petition fee is already exorbitant and unjustified given the actual cost of a divorce is circa £270. It is wrong to overcharge those who have no choice simply because they are a captive audience, not least when this relates to the justice system”

She was backed up by a host of family lawyers, with the popular sentiment being that the whole legal divorce system needs an overview and an overhaul, rather than simply small adjustments. With the House of Commons justice select committee currently running an inquest into court fees, many feel that any changes should have waited and been adjusted based on the findings of said inquest.

It was mooted to MPs last year that because couples going through a divorce have no option but to use the legal system offered to them, it was wrong to overcharge them as they are essentially a captive market.

A spokesperson for the Ministry of Justice was quoted as saying: “Fees are never popular, but they are necessary if we are to reduce the burden of the courts and tribunals on the taxpayer. We have sought to protect the vulnerable at every stage. That is why we have a remission scheme to protect and help those who cannot afford to pay. These fee increases have not been brought forward; they are being introduced on schedule.”

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