How Much Does It Cost to Get a Financial Order in the UK?

Are you worried about the cost of getting a financial order in the UK? Do you want to know how to guard your money during a divorce?

You’ve come to the right place for answers. Every month, more than 8,700 people come to our website for advice on matters just like this one.

In this article, we’ll help you understand:

• The cost of getting a financial order.
• The importance of a financial order in a divorce.
• The role of mediation and collaborative law.
• How to secure a fair share of assets.

According to MoneyHelper, the average cost of a divorce in the UK was £14,561 in 2018, and due to inflation, this cost is only increasing.¹  So it’s understandable to feel concerned about your finances during a divorce.

Our team has gone through divorces themselves. With our experience, we’ll help you get through this with the best advice.

What does it mean in a divorce?

A Financial Order in a divorce usually refers to a Consent Order, but it could also refer to a Financial Remedy Order. 

These are both orders made by a court within the divorce process, but they are applied for in very different circumstances. 

One is used to make an out-of-court agreement legally binding, and the other is used to get a judge to decide how matrimonial assets will be split when an agreement cannot be reached. 

How much does it cost?

The cost of divorce Financial Orders in the UK are:

1. Consent Order – £53
2. Financial Remedy Order – £275

However, both of these require help and services from a solicitor, so the actual cost can be hundreds if not thousands of pounds more. 

Divorce Costs

If you’re going through a divorce, it’s crucial to also consider the other associated costs. This way, you can effectively manage your finances.

Category	Costs
Court Fees	Filing for Divorce: £593 standard fee. Additional Applications: Financial orders or child custody arrangements.
Legal Representation Fees	Fixed-Fee Options: For straightforward, uncontested divorces, with fees ranging from £500 to £1500 excluding VAT. Hourly Rate: Solicitor fees range from £150 to £400 depending on their experience and location.
Barrister Fees	For cases that go to court or require specialised legal advice. The cost of this will be completely dependent on your case and preferences.
Financial Advisor or Accountant Fees	For cases involving complex financial matters. The cost of this will be completely dependent on your case and preferences.
Valuation Fees	You may need to pay for property, business, or pension valuations as part of the financial settlement. The cost of this will be completely dependent on your case and preferences.
Out-of-Court Options	Mediation: Some mediators charge per session (ranging from £50 to £200 per hour), while others may offer a package deal. Collaborative Law: Both parties hire solicitors, but agree to resolve issues without going to court. The cost of solicitors will vary depending on your preferences and case. Arbitration: Rates vary depending on case complexity, room hire, and arbitrator fees.
Indirect Costs	Time off work to attend court hearings or meetings with solicitors. Child maintenance costs.

Do you need it when divorcing in the UK?

You’re not obligated to draft a Consent Order and apply for it to be approved by the court, but relying on a financial settlement alone is risky. 

Some people want to get divorced as cheaply as possible and, therefore, divorce amicably with a financial settlement document only.

This may also be known as a DIY divorce. 

However, this is a risk because a financial settlement doesn’t cut all financial ties once the divorce is finalised. Only a Consent Order does this. 

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What does this all mean in practice?

Well, without a Consent Order, one of the divorcing couple could make a claim for money or assets after the divorce is finalised.

Their claim won’t always be successful, but there are previous cases which highlight how risky it can be to divorce without a Consent Order. 

One of the most notable cases is of a woman making a claim for her ex-husband’s new-found wealth 23 years after their divorce.

The ex-husband set up a successful business, earning millions of pounds after the divorce, and his ex-wife managed to get a life-changing amount of money long after the divorce. 

The above information is relevant for divorces in England and Wales.

The divorce process in Scotland is different, and a DIY divorce means something different north of Hadrian’s Wall. 

Could a claim be made with a consent order in place?

The only time a claim could still be made when a consent order is in place is when money was hidden during the divorce. 

Can I get it drafted without a solicitor?

You will need to use a solicitor to draft the Consent Order and make sure it will be approved by a judge, i.e. that it is fair to both parties.

But you can apply for the Order without a solicitor if you wish. 

Most people who apply for a Consent Order will do so with the help of a divorce lawyer. The lawyer will draft the Consent Order based on the existing agreement and then make the application to the court. 

They will ensure the agreement is fair and more likely to be approved by a judge to prevent delays.

In most cases, the drafting of the Consent Order and the application are part of one service. 

Do both parties need a lawyer?

Sometimes, a couple will make an amicable agreement and ask a lawyer to draft their Consent Order as a joint client. 

However, there are times when a divorcing couple will make an agreement but then employ separate divorce lawyers to oversee the drafting of the Consent Order.

References

1. Money Helper – Divorce Costs