Costs orders on divorce

By Brabners LLP

20 Jun 2022

shutterstock_328332071.jpg

Since the introduction of ‘no fault’ divorce in England and Wales in April 2022, the court’s approach to dealing with the costs of a divorce has changed significantly.

Under the old system you could include a claim for costs in your divorce petition. The court had the ability to determine who should pay the costs of the divorce (made up of the court fee and any solicitors costs). The judge would consider all the circumstances, including the reason for the breakdown of the marriage. Typically, you would find that the court tended to make a costs order against the person ‘at fault’ in the divorce where that divorce was based on adultery, unreasonable behaviour or desertion.

However, the new divorce regime is not based on any element of fault. One or both parties simply apply to the court for a divorce stating that the marriage has irretrievably broken down. So, who pays the costs?

Guidance has been provided by the President of the Family Division on this issue. He noted that as a result of the change in the law the great majority of cases will now be undisputed. Consequently, although the court has maintained the discretion to make a costs order, the circumstances in which a court would now order someone to pay their spouse’s costs are likely to be very limited.

We are therefore only likely to see costs orders in the following types of case:-

Where one spouse has purposely evaded service of the paperwork and refused to cooperate in the divorce, so the other spouse has incurred extra costs Where there has been a dispute about jurisdiction (i.e., whether England and Wales is the appropriate place to deal with the divorce) where there has been an issue about the validity of the marriage. Even then, a separate application would have to be made to the court and a hearing would have to take place to decide this issue, rather than it being dealt with on paper as it commonly was in the past.

As a result, if you wish to start the divorce you are likely to have to pay the costs associated with making the application. This includes the court fee, which is currently £593, and the costs of solicitors if you instruct them. You can agree with your spouse that the costs will be shared, but you are unlikely to be able to compel them to pay.

If you already have a costs order in your favour from a divorce, or one has been made against you, because the divorce pre-dates the 6th April 2022 then this remains legally binding and should be complied with. If a payment is not made under such an order, enforcement action is available.

If you have any questions about divorce and costs please contact our specialist family law team. 

Brabners in Lancashire is located at Sceptre Court, Walton Summit. If you would like to discuss anything raised in this article, please give us a ring on 01772 823921, quote “LBV” and a member of our team will be happy to assist you.  

If you would like to receive more content like this, please head to our website where you can subscribe to receive regular updates of current articles and events.

Latest news

1

Times Higher Education Award for Lancaster University’s “innovation success story” Lancaster University has won the Knowledge Exchange/Transfer Initiative of the Year Award

Times Higher Education Award for Lancaster University’s “innovation success story”

14 Nov 2025

2

Union warns strikes will bring BAE Systems ‘to its knees’ bae-systems-samlesbury.jpg

Union warns strikes will bring BAE Systems ‘to its knees’

14 Nov 2025

3

County Hall looks at a two-council future for Lancashire County Hall in Lancashire

County Hall looks at a two-council future for Lancashire

13 Nov 2025

4

22 festivals given support from Association of Independent Festivals and Skiddle partnerships AIF and Skiddle supporting festivals

22 festivals given support from Association of Independent Festivals and Skiddle partnerships

13 Nov 2025

5

Sibling hoteliers vie for same tourism award Three of the four generations of hoteliers Ollie, Liz, Nigel and Irene

Sibling hoteliers vie for same tourism award

11 Nov 2025

Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
November / December 2025 Magazine Launch Event
Holiday Inn Hotel
Networking
19 Nov 2025

November / December 2025 Magazine Launch Event

Holiday Inn, Blackpool

08:30 - 10:30

CMI Level 5 Management and Leadership Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Management and Leadership Course

Preston Campus, Preston , PR1 2HE

09:00 - 17:00

CMI Level 5 Project Management Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Project Management Course

Preston Campus, Preston, PR1 2HE

08:00 - 17:00

Help to grow management course
Help to grow - barriers to growth.png.png
LBV Hub Seminars
26 Sep 2025 - 16 Dec 2025

Help to grow management course

Preston Campus , Preston , PR1 2HE

09:00 - 15:00

Women scaling up Blackpool Fylde and Wyre
LBV Hub Seminars
22 Oct 2025 - 09 Jan 2026

Women scaling up Blackpool Fylde and Wyre

The Small Business Academy, Blackpool, FY4 5JX

09:30 - 15:30

RISE - Lancashire's unique leadership programme for women
thumbnail_Emma Weston Illustration WENDY BOWERS RISE Illustrstion.jpg.jpg
LBV Hub Seminars
22 Oct 2025 - 18 Mar 2026

RISE - Lancashire's unique leadership programme for women

East Lancashire Chamber of Commerce, Clayton le Moors, BB5 5JR

09:30 - 15:30

Sub36 Networking - Jurassic Village
Jurassic Village
Networking
18 Nov 2025 - 18 Nov 2025

Sub36 Networking - Jurassic Village

Jurassic Village, Burnley, BB10 2FU

09:00 - 11:00

Blackburn & Darwen Youth Zone Quiz
Thursday 20th November.png.png
LBV Hub Fundraisers
20 Nov 2025 - 20 Nov 2025

Blackburn & Darwen Youth Zone Quiz

Accrington Stanley Football Club, Accrington, BB5 5BX

17:00 - 20:00

The path to profit with consistency, quality and speed in your business
icz bburn coll.jpeg.jpg
LBV Hub Seminars
21 Nov 2025 - 21 Nov 2025

The path to profit with consistency, quality and speed in your business

Industry Collaboration Zone, Bolton College, Feilden Street, Blackburn, BB2 1LH

09:30 - 12:00

Preston Freelancer Meet-Up: November
NovFreelancer version 2 .png.png
LBV Hub Networking
26 Nov 2025 - 26 Nov 2025

Preston Freelancer Meet-Up: November

Society1 Coworking Space, Preston, PR1 3LT

10:00 - 11:30

Lancashire Business Day 2025
241122lbvlancashiredaylhp0647web
Networking
27 Nov 2025

Lancashire Business Day 2025

Burnley FC , Burnley, BB10 4BX

12:00 - 17:00

Lancashire Construction Connections
LLC Logo Main.jpg.jpg
LBV Hub Networking
27 Nov 2025 - 27 Nov 2025

Lancashire Construction Connections

Blues Bar, Ewood Park, Blackburn, BB2 4JF

14:00 - 16:00

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV124 Online Graphic
Subscribe now

Weekly news bulletin