For many couples, the cost of ending a marriage is a serious concern that adds stress to an already difficult situation. Fortunately, there are various options for financing a divorce that extend beyond simply dipping into savings.

In this article, we’ll explore the range of payment methods available, provide tips for managing divorce costs effectively, and highlight legal considerations, including whether joint assets can be used to fund divorce proceedings.

Understanding the cost of divorce

Before exploring payment options, it is important to understand what costs might arise during a divorce. These can vary widely depending on the complexity of the case, whether it is contested, and whether it involves disputes over children or financial assets.

Typical costs include:

  • Court fees (currently £612 for filing a divorce application)
  • Solicitor or legal advisor fees
  • Costs for financial disclosure, mediation, or expert reports
  • Barrister fees (if needed for court hearings)

While some divorces are relatively straightforward and inexpensive, others can cost thousands of pounds, particularly if disputes escalate into court litigation.

What are the payment options for divorce?

The following are the most common ways for individuals to fund divorce costs:

  • Savings and personal funds: The most direct way to pay for a divorce is through personal savings. If you have money set aside, using it for legal expenses might be the simplest route. However, this is not always feasible, especially for individuals who may not have had financial independence during the marriage.
  • Financial help from friends or family: In many cases, friends or family members are willing to lend or gift money to help cover legal costs. This can be an immediate and interest-free solution, although it can raise emotional complications or strains on personal relationships. If you are receiving money as a loan, it is wise to formalise the arrangement in writing to avoid disputes later on.
  • Loans and credit: Personal loans or credit cards can offer a short-term solution to fund a divorce, particularly if you are confident you can repay the balance in due course (e.g. after receiving a settlement). Specialist legal loans may also be available in some cases, which are specifically designed to fund family law proceedings. These loans are often repaid from the divorce settlement and may not require upfront payments, though they tend to come with higher interest rates. Before committing to a financial product, be sure to weigh the pros and cons of borrowing money — particularly interest rates, repayment terms, and the effect this could have on your credit rating.
  • Legal Aid (limited availability): Legal Aid for divorce in England and Wales has been significantly reduced in recent years. However, it may still be available in cases involving domestic abuse or child protection issues. To qualify, you must meet strict financial and evidentiary criteria. Scotland and Northern Ireland have slightly different systems, where more support may be available depending on circumstances.
  • Using joint assets or matrimonial funds: A common question is whether joint savings or matrimonial funds can be used to pay for one or both parties’ legal fees. The answer is: yes, sometimes — but with caveats.

If both parties agree, joint funds can be used to pay for divorce costs. However, if one party accesses joint funds unilaterally to cover their legal costs, the other party may dispute it and raise it in financial proceedings. The court can adjust the final financial settlement accordingly if they believe funds were used unfairly.

In some cases, a court may order one spouse to make a Legal Services Payment Order (LSPO) to help fund the other’s legal fees, especially where there is a significant imbalance in financial resources between the parties.

Reducing legal costs: Smarter approaches

Here are some ways you may be able to reduce your divorce costs:

  • Choose a firm offering fixed-fee divorce services: One of the most effective ways to keep costs under control is to work with a family law firm that offers fixed-fee divorce packages. These provide clarity and predictability around costs, rather than the uncertainty of hourly billing. For instance, at Major Family Law, we specialise in fixed-fee divorce solutions, offering structured pricing that includes clear deliverables. This is particularly useful for uncontested or amicable divorces, where major disputes are less likely.
  • Do some of the work yourself: It is possible to reduce costs by handling parts of the divorce yourself — for example, by applying for divorce online using the government portal, gathering and organising financial documents, or representing yourself in simple hearings. This is known as acting as a litigant in person. However, this approach comes with risks. Family law is complex, and mistakes in documents or procedural errors can cause delays or result in an unfair settlement. If children or significant assets are involved, DIY divorces can be particularly risky. Many legal professionals recommend seeking advice even if you intend to manage parts of the process independently.
  • Mediation and Alternative Dispute Resolution (ADR): Another cost-saving strategy is to use mediation or collaborative law. These options help couples reach agreement without going to court, which can significantly reduce legal expenses. Mediation involves an impartial third party helping you and your ex-spouse negotiate a fair agreement. While mediators charge fees, they are usually much lower than court proceedings. If successful, the outcomes of mediation can be turned into legally binding agreements with the help of a solicitor.
  • Cost orders and legal fee recovery: In some cases, one party can be ordered to pay the other’s legal fees. This is more common in cases where one party has acted unreasonably or failed to comply with court orders. However, this is not guaranteed, and generally each party is expected to pay their own way in divorce cases.

What are the other considerations when budgeting for divorce?

Hidden costs

Don’t forget to budget for hidden or secondary costs such as:

  • Child maintenance payments
  • Setting up a new household (rent, furniture, bills)
  • Financial advice or pension valuations
  • Counselling or therapy

These costs can add up quickly and should be factored into your overall financial planning.

Pensions and long-term assets

If you are financing your divorce through borrowing or liquidating assets, consider the long-term consequences. Giving up pension entitlements or investments to cover short-term legal fees might not be the best financial decision. Always consult with a financial advisor or solicitor to understand the trade-offs.

Paying for a divorce can seem daunting, but a variety of options exist beyond relying solely on savings. From fixed-fee legal services and family assistance to strategic use of joint funds or loans, there are solutions tailored to a wide range of financial situations.

To keep costs manageable:

  • Choose the right legal representation — ideally a firm offering fixed fees or initial free consultation
  • Use joint assets with caution and transparency
  • Avoid costly litigation by exploring mediation
  • Don’t underestimate the value of professional advice

If you’re uncertain about your options or financial position, it is worth seeking an initial consultation with a family law solicitor — many firms, including Major Family Law, offer these at a reduced cost or even free.

Understanding your rights and planning your strategy early can make the difference between a financially manageable divorce and one that spirals out of control.