The Law Gazette
he Ministry of Justice has slipped out confirmation of a 34% hike in divorce fees expected to take effect next Monday, despite strong opposition from family lawyers.
Last summer the MoJ consulted on a round of court fee rises, including a proposed rise in divorce fees from £410 to £550.
But despite confirming a number of the fee rises at the end of last year, the government did not disclose its plans for divorce.
Instead some family lawyers only learnt of the news this week from emails sent out by divorce units, which referenced the increase in fees.
A spokesman for the MoJ told the Gazette that both houses in parliament have now approved the fees. He said that the increase would come into effect across all divorce units on 21 March, subject to parliamentary approval.
Marilyn Stowe (pictured), a senior partner at Stowe Family Law, criticised the move.
She told the Gazette: ‘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.’
But she added that it was equally wrong to allow litigants full use of a judge and a courtroom for long periods, simply by paying a court fee.
She said: ‘I have concerns that those who run the justice system have no obvious experience of running a healthy business and no clear aim of making the justice system a success, given there is a continuing indisputable demand for courts services.
‘It all needs to be fully reviewed and costed rather than simply making wild adjustments and providing a two-tier system online in the hope the problem will go away.’
In December last year, the chair of family law organisation Resolution, Jo Edwards, told MPs at a House of Commons justice committee hearing on court fees that the increase would constitute a ‘tax on divorce’.
She pointed out that couples wanting a divorce, unlike other court users, would have no option over paying the fees.
