Sonja Anker For Avadis & Co. Solicitors
24/03/2016
On Monday March 21st a new amendment to the Family Proceedings Fees Order 2008 came into effect; increasing the fee for a divorce application from £410 to £550. After a long debate in the House of Lords; the Ministry of Justice had not revealed prior to the week before last, that the change had been approved by both houses.
The new fees have been subject to great criticism since then. Many family lawyers have criticised the way the fees were introduced, as there has not been any formal announcement by the government – meaning that information relating to the increase by divorce units was only accessible a couple of days before the change.
The chair of Family Lawyers Organisation Resolution Jo Edwards claimed that this would show the government’s failure to maintain transparency. There has also been an investigation into court fees by the House of Commons Justice Select Committee – with many people believing that the results of this investigation should have been utilised in the decision making process.
Furthermore, many family lawyers disapprove of the fee climb; reasoning that the last increase was only 2 years ago and that the fee had already been extremely overprized considering that the actual cost for a divorce adds up to no more than £270. Some even claimed that the new fee would constitute a de facto tax on divorce.
According to Jo Edwards, in attempting to access higher profits without having properly assessed all possible effects and outcomes, the Ministry of Justice would be taking advantage of those who have no other choice than applying for divorce – this being the only way to put an end to their marriage.
Additionally, many married couples are in financial trouble when deciding to get a divorce, which is why an excessive fee could keep them from divorcing and make them stay legally bound to their partner against their actual will. Prior to implementation there were also concerns that the fee would in particular discourage victims of domestic violence from putting efforts towards leaving their abusive partners.
The Ministry of Justice justifies the increase by referring to the current overload of the courts. In order to guarantee access to justice for everyone it would be necessary to ensure that the courts are provided with sufficient resources. The fee increase would also seek to reduce overall taxes for tribunal services.
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