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Divorce costs in receipt of benefits?

(9 Posts)
FoxyBingoWings Tue 16-May-17 21:35:18

I want to get divorced from my husband. I'm a single mum with health issues and am on ESA(IB).

I've seen its £550 it would take me a very long time to save that. Can I get help with court costs?

I just want my own surname back and to not be his wife any more sad

JK1773 Tue 16-May-17 21:49:02

If you're doing it yourself without a solicitor you can claim an exemption from the court fee. With the benefit you are on you will get a full exemption. Crack on wink

FoxyBingoWings Tue 16-May-17 22:28:58

Thanks. Does that mean I have to pay it then claim it back or I won't have to pay?

JK1773 Tue 16-May-17 22:30:47

No, you fill in a fee exemption form when you fill in your divorce petition and you won't have to pay anything. Both forms you can pick up from the court or download online x

murrell0cherri Wed 17-May-17 11:02:46

Fee Remission is available in England and Wales for a portion of the fee or the whole fee (£550) if you are on a low income or in receipt of benefits.

You can apply before making your application or after you have already applied and claim back the fee if needed.

I found the following links/sites helpful:

www.gov.uk/get-help-with-court-fees

www.divorcebox.com/fee-remission/

I would recommend applying before you make the application for a divorce, you can apply online at the government link above, they respond pretty quickly.

When you receive your response you get a number that you can then use on your divorce application. (first page top right hand corner)

This way you will know if there are any costs involved upfront.

If you are on certain benefits they normally pay the whole fee, but they do take savings into consideration which is why it is best to apply before making your application so you know where you stand.

Hope this helps

FoxyBingoWings Thu 18-May-17 07:05:48

Thank-you! I've filled in the fee exemption form and printed the divorce forms.

Ellisandra Thu 18-May-17 07:48:59

Apologies if I sound patronising now... but money is obviously tight. Please don't skimp on the cost of legal advice or rush this through and agree to something financially that isn't fair for you and your child that you might regret longer term.
Sometimes people think there are no assets anyway, but then don't make a fair split on debts, or forget about pension sharing rights.

murrell0cherri Fri 19-May-17 11:49:06

The divorce application and division of any assets are separate issues legally, that are often dealt with at the same time.

And you don't NEED to involve a solicitor to sort out the finances.

In regards to dealing with the financial side of things, I agree, don't rush into anything or make assumptions about what you are or are not entitled too.

However, you do NOT have to resolve financial matters through the court, and even if you choose to, you must undergo mediation first before making an application.

More importantly legal aid is still available for mediation in England & Wales and non court based options can be better for the families involved in the right circumstances.

The following might be helpful smile

www.advicenow.org.uk/guides/survival-guide-using-family-mediation-after-break

www.advicenow.org.uk/guides/survival-guide-sorting-out-your-finances-when-you-get-divorced

www.familymediationcouncil.org.uk/

www.gov.uk/money-property-when-relationship-ends

Also if you start mediation and then decide that court would be the better option you can still make an application at a later date.

The most important thing to remember is that with mediation and non court based remedies you have a part in shaping the outcome and your future. If you go to court it will be a third party.

Your financial future is important but if you can avoid running up unnecessary legal bills. At the end of the day it's money you could be putting towards your new future and the next chapter of your life.

FoxyBingoWings Mon 22-May-17 20:23:55

Neither of us has any money. No savings. No assets. Rented accommodation. No pensions or anything so it's ok.

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