Why you still need to pay the court fee in your divorce

One of the most common questions we hear from clients is: “If I’m paying a solicitor to handle my divorce, why do I still need to pay a court fee?”

It’s a fair question, and a very important one. Whether you choose a low-cost package, full representation, or decide to handle your divorce yourself, the £612 court fee still applies in almost every case. This article explains what the court fee is, who sets it, how it fits into our fixed-fee divorce packages, and when a fee exemption may be available.

What is the £612 court fee?

The £612 court fee is a mandatory government fee that applies to all divorce applications in England and Wales. It is paid directly to HM Courts & Tribunals Service (HMCTS) and covers the cost of:

  • Processing your divorce application
  • Creating and managing your digital case file
  • Issuing your Conditional Order
  • Issuing your Final Order (which legally ends the marriage)
  • The administrative work involved at each stage

This fee is separate from any solicitor fees and applies whether you have legal representation or not.

Who sets the court fee?

The fee is set by the Ministry of Justice (MoJ), not by solicitors or law firms.

HMCTS uses court fees to fund the court service, including staff, systems, and the digital divorce platform.

Because this is a government-set fee, it is standard across the country and cannot be reduced, altered, or waived by your solicitor.

How the court fee interacts with our divorce packages

Here is how the court fee works for each option:

Package 1 – DIY Support (Applicant)

£220 + £44 VAT + £612 court fee

You pay the court fee when submitting the application yourself. Our team prepares your documents and explains how to file them correctly.

Package 2 – Full Representation (Applicant)

£450 + £90 VAT + £612 court fee

Application Preparation — We gather the necessary information, draft the application accurately, and ensure it reflects your circumstances correctly. This reduces the risk of delays caused by errors or missing details.

Submission to HMCTS — We file the application on your behalf through the correct online portal, ensuring it is lodged properly. Although the court fee is paid to HMCTS, we manage the administrative process for you.

Case Monitoring — Once submitted, we track your case through the HMCTS system. We monitor deadlines, check for updates, and follow up with the court when needed, keeping you updated along the way.

Responding to Court Queries — If HMCTS requests clarification or additional information, we handle this promptly to keep your case moving.

 Guidance Through Each Stage — From the divorce being issued, to Conditional Order and to the Final Order, we explain what each stage means, what needs to be done next and when you need to do it.

Final Order Completion — We ensure the Final Order is applied for at the correct time and that your divorce is legally concluded.

Package 3 – Respondent Representation

£350 + £70 VAT

Respondents do not pay the court fee; only the applicant pays it. This package has no court fee attached unless additional applications are required later.

When can you get help with the court fee?

Some people may not have to pay the full £612 fee—or may not have to pay it at all. This depends on your income, savings, and personal circumstances.

You may qualify for a Help With Fees (HWF) reduction if:

  • You are on a low income
  • You receive certain benefits
  • You have limited savings
  • You meet the eligibility criteria set by HMCTS
  • Examples of who may qualify:
  • You receive Universal Credit, Income Support, Pension Credit, JSA, or ESA
  • You are a single parent with low income
  • You are not working or work part time
  • You have limited savings (thresholds apply)

If eligible, you could receive a full fee remission (£0 to pay), or a partial exemption (you pay a reduced amount).

Our team can help guide you through the HWF application if you’re unsure whether you qualify.

How to apply for a fee exemption

You can apply for Help With Fees before submitting your divorce application. You will receive a unique HWF reference number, which is then entered on your divorce application form.

If successful, this number automatically reduces or removes the court fee. If your circumstances change during the divorce, you may need to update HMCTS.

The court fee does not cover your financial arrangements

It’s important to remember that the £612 fee only covers the divorce itself. It does not include the legal work needed to deal with your finances. Without a Financial Order — such as a Clean Break Order — either party can still make financial claims in the future, even years after the divorce. You can read more in our full guide on why financial matters should always be addressed alongside the divorce here.

Even when choosing a cost-effective, fixed-fee legal package, the court fee remains a necessary part of the process.

Understanding this fee, and how it interacts with your solicitor’s costs, helps you budget accurately and avoid surprises.

At Hutchinson Thomas, we prioritise transparency. By keeping the court fee separate, we make it clear what you are paying for, why, and where potential cost savings may be available.

Our team is here to help you understand your options and keep your divorce as straightforward and affordable as possible. Whether you’re unsure which package suits your situation or want guidance on the court fee or a fee exemption application, we’re here to support you. Call 01639 640152 or fill in our contact form  to get started.