Divorce fees: who pays?

The government wants to reform to court fees so the taxpayer pays less and parties in court cases pay more.

But top judges say that on one count they haven't got their research right.

The Ministry of Justice consultation says that the fee for a divorce petition should be raised from £410 to £750 because "…we believe that divorcing couples would be prepared to pay a higher fee to complete the dissolution of the marriage."

But the Senior Judiciary's response politely identified a "misconception", pointing out that the fees are actually paid by the person petitioning for divorce — which, they argue, "might give rise to an objection that it is indirectly discriminatory because most of the petitioners are women."

It will be interesting to see what effect this has when the government considers its response to the consultation.

Hat tip: Lucy Reed