
The aim of this information booklet is to help you understand the Court process involved, what we do, the information you have to provide and the legal fees involved.
Although we all like to think we will never be involved in divorce proceedings, statistics show that a large number of marriages do break down and divorce or judicial separation follows.
Our Fixed Fee Divorce Payment Plan includes all steps from initial instructions through to the Decree Absolute in divorce cases or the Decree in judicial separations.
WHAT WILL YOU PAY?
The total fee is £875.00, assuming there are no unforeseen problems, which is payable in three instalments as follows:
The fees break down as follows:-
| Our Fees + VAT | £535.00 |
| Court fee on filing the petition | £300.00 |
| Court fee on Decree Absolute | £40.00 |
| Total | £875.00 |
The only other sums you may have to pay are a fee of £7.50 if we need to obtain a copy of your marriage certificate, and a fee of up to £9.00 when you swear your Affidavit in support of the Divorce petition. This is the document we lodge with the Court, requesting them to fix the date for Decree Nisi. If you swear this Affidavit at the court offices, no fee is payable.
WHAT WORK IS COVERED?
Before your first meeting with one of our Family Law team, we need you to complete the enclosed Instruction Sheets. These contain most of the information we will need. This plan covers the preparation and issue of the Divorce Petition and all the steps that need to be taken to obtain Decree Absolute.
Should the matter become more complex, for example your spouse defends the proceedings or files a Cross Petition (seeking a cross divorce against you), we reserve the right to increase the costs according to the extra work incurred. Should this happen, we will notify you as soon as practicable, and before any additional costs are involved. We will give you an estimate of the likely increase in the fees, and outline the additional work we will need to undertake. If the Petition is defended, the procedure becomes more complex and differs from that outlined in the following pages. We will explain the revised procedure to you at the time.
The other problem that may occur, and which will increase the fees, is if your spouse fails to return the acknowledgement of service. On issuing the Papers, the Court posts the Petition to your spouse or their solicitors. If your spouse fails to deal with the papers it may become necessary to have a further set of the papers delivered by hand by an Enquiry Agent so that the divorce can progress. If this is necessary, our fees will increase by the cost of the Enquiry Agent's fees. Usually we are able to give you a clear indication, in advance, of the likely cost.
WHAT WORK IS NOT COVERED?
HOW WILL ANY SUBSEQUENT PROCEEDINGS RELATING TO YOUR PROPERTY OR ANY CHILDREN BE PAID FOR?
You will usually need to resolve the financial aspects of your separation and issues concerning your children before we advise you to apply for Decree Absolute. Any work we undertake in respect of the financial aspects or concerning your children will be charged at our usual hourly rate.
We offer a fixed price payment plan, in certain circumstances in relation to the financial aspects of your divorce which is based on an hourly rate of £120 per hour. Our charges thereafter range from £150 per hour for a junior solicitor or, between £160 and £175 for the three more senior members of our team.
However, we can usually give you a clear indication of the likely fees involved if you have reached an agreement in respect of the financial aspects of your divorce. Any agreement will need to be recorded in a Consent Order.
If the financial aspects of your separation have not been resolved, these will need to be addressed.
Our standard charge rate is £150.00-160 per hour plus VAT, which follows the rates recommended by the local County Court. We also offer a Fixed Fee Payment Plan for Resolving Financial Matters in Divorce for straightforward cases - please ask for a copy of our information booklet.
IS YOUR SPOUSE LIABLE FOR YOUR COSTS?
During divorce proceedings, you can ask for a Court Order that your spouse contributes to the costs of the divorce. This may cover some or all of the fees you incur under this plan. We will explain how this works during our meeting.
If an Order for costs is made against your spouse, then included within this payment plan is an initial letter to recover those fees, but the plan does not include the fees for enforcing any Order for costs made within the divorce proceedings. If we have to help you enforce the order, there will be additional costs involved, again some or all of these may be recovered from your spouse.
WHAT IS THE NEXT STEP?
Please read the section headed "Divorce Procedure". This has been produced by Resolution and explains the various grounds on which a divorce petition can be filed.
If you would like to proceed with us, we will need you to complete the accompanying Instruction Sheets. Please print the pages, complete them and bring them with you to your first meeting.
When you come for your first meeting, please bring:
WHY CHOOSE COLES MILLER?
Coles Miller is one of the largest law firms in the Dorset region, with five offices and around one hundred and fifty staff members. Our Family Law team are recognised to be one of the most experienced team of solicitors in the area.
The breakdown of a relationship is a difficult and emotional time for all concerned and our team of specialist family lawyers will advise you on your options in a sensitive and professional manner. We realise that every case is different and so will treat you as an individual and consider all the aspects of your case in helping you reach a suitable resolution.
We are proud to have members of the Solicitors Family Law Panel and the Solicitors Family Law Association amongst our team, assuring you of the best advice at all times.
Download our fixed fee divorce package instruction sheet here.