Whenever a couple separates, emotions tend to run high and making decisions can be very difficult. We aim to help and support our clients during this difficult time and to provide them with sensible, practical advice.
Whilst some cases in this area of law can be contentious, complicated, lengthy and complex, many cases are much more straight forward. When this is the case, we are able to offer a fixed price service to clients.
These areas relate to separation agreements, simple divorce and uncontested divorce action.
Separation Agreements for matrimonial/cohabitation matters
These types of agreements tend to fall into two categories. The first category is where the parties are agreed on the arrangements for distribution of property and division of assets as well as arrangements for residence and contact of any children and where the negotiation is negligible or minimal and where there are no issues which are in dispute.
In a typical case of this nature, we will charge a fee of £1000 (exclusive of VAT). This means the cost to you when VAT of 20% if added is £1200(including VAT).
The second category is where some of the arrangements for the distribution of property and division of assets have been agreed but not all of them. There may be other issues such as those relating to children, residence and contact. There may also be a need to carry out some investigation and more extensive negotiation.
Whilst it is difficult to determine a specific fee for a case such as this, we are able to give an indication of the costs of a typical case of this nature. As will all type of cases, should the work become protracted, we must reserve the right to make additional charges and we will advise you of this as your case progresses.
Fees for these types of cases tend to be in the region of £2,500 (exclusive of VAT) and upwards. That means the cost to you, including VAT is £3,000 and upwards.
Are there any additional costs involved?
When the Separation Agreement has been signed by both parties, it is then sent for registration to in the Books of Council and Session. Registration and provision of one extract incurs a fee of £20.00 (inclusive of VAT). Usually, two extracts are required, and the second extract costs £24.00 (inclusive of VAT).
This cost is in addition to our fee which we have specified above.
What’s involved in a Separation Agreement?
This fee for the preparation of a Separation Agreement includes the following work:
- Taking your instructions on your situation
- Advising you about your options
- Contacting your spouse or partner’s solicitors
- Setting out or responding to proposals
- Negotiating with your spouse or partner’s solicitors
- Drafting Separation Agreement
- Having the Separation Agreement executed
- Registering the Separation Agreement in the Books of Council and Session
- Providing an Extract of your Separation Agreement to you
Does this cost include everything?
The following items of work are not included in the above fee:
- Any work involved in pension value calculations or discussions with actuaries
- Extensive negotiations on residence or contact in relation to children
- Extended discussions and calculations in relation to financial provision
- Any sales, purchases or transfer of title and associated security work in respect of any heritable property (land and buildings)
- Any litigation arising out of the separation
- Any third-party investigations required into assets and liabilities
- Any third-party costs or charges for valuation of assets or reports on liabilities
We are happy to carry out additional work to meet your requirements, should that be necessary. We will discuss any additional work we are required to carry out along with the potential increased costs should the need arise.
Simplified Divorce/Dissolution of Civil Partnership
Where there are no outstanding financial matters nor any children involved who are under 16 years of age, you can use the simplified divorce system.
If you are able to use the simplified divorce system, we will prepare the application for Divorce or Civil Partnership, present the application to the court, obtain the decree and send this to you.
This service is usually provided on a fixed fee basis. We will usually charge a fee in the region of £300 (exclusive of VAT). This means that the cost of the fee to you, including VAT is £360.
Are there any additional costs involved?
In addition to our fee and VAT, there are court dues when registering the application of £137. This will be added to our fee and VAT.
What’s involved in a Simplified divorce/dissolution of civil partnership?
This fee for this type of work includes the following:
- Taking your instructions on your circumstances
- Advising on whether this procedure is available to you
- Advising you about the application and procedure involved
- Completing the application to court and having it signed by you
- Notarising the application
- Lodging the application (including any supporting documents) with the Sheriff Court
- Reporting to you on the outcome of your application and sending you the decree of divorce
Does this cost include everything?
If service of a simplified divorce application needs to be intimated by Sheriff Officer, an additional court fee of £13 will need to be payable. In addition to that, the Sheriff Officers themselves will charge a fee and the level of that fee will be dependent on how easy or difficult it is for them to service the application on your spouse or partner. For instance, if the application has to be served personally, the Sheriff Officers will charge a fee in the region of £96.27. This fee will attract VAT at 20% which means it will cost £115.52.
We do not envisage there being any additional costs involved using the simplified divorce procedure. However, should something unforeseen occur, we will advise you of this and any cost implications as soon as we discover this. Should such a situation arise, we will revert to our hourly rate basis and we will give you our best estimate of the likely time involvement and cost if we can provide an assessment of it at that time.
Undefended Divorce/Dissolution of Civil Partnership
Where the parties have separated and have agreed that a divorce action raised by one will not be defended by the other, we are able to carry out this work on a fixed fee basis.
Our fee for dealing with an undefended divorce or dissolution of Civil Partnership is usually in the region of £900 (exclusive of VAT). This means the cost, including VAT is £1080.
Are there any additional costs involved?
There are additional costs involved in this type of action. These are as follows:
| Affidavit Fee (incl. VAT) | £73.00 |
| Court outlays including warrant Dues | £168.00 |
| Scanning fee (incl. VAT) | £19.80 |
This means the cost of an undefended Divorce/dissolution of Civil Partnership is £1,340.80 including VAT and outlays.
What’s involved in an undefended divorce/dissolution of civil partnership?
This fee for this type of work includes the following:
- Taking your instructions on your circumstances
- Advising on whether this procedure is available to you
- Advising you about the application and procedure involved
- Completing the Affidavit and having it sworn/affirmed by you
- Preparing and lodging writ in court
- Enrolling for decree
- Reporting to you on the outcome of your application and sending you the decree of divorce
Does this cost include everything?
We do not envisage there being any additional costs involved in an undefended divorce/dissolution of civil partnership case. However, should something unforeseen occur, we will advise you of this and any cost implications as soon as we discover this. Should such a situation arise, we will revert to our hourly rate basis and we will give you our best estimate of the likely time involvement and cost if we can provide an assessment of it at that time.
Please also note that the cost provided assumes there is no requirement for the involvement of Sheriff Officers to server the documents on the defender. Should there be a requirement to instruct Sheriff Officers. The level of that fee will be dependent on how easy or difficult it is for the Sheriff Officers to serve the application on your spouse or partner.
For instance, if the application has to be served personally, the Sheriff Officers will charge a fee in the region of £86.03. This fee will attract VAT at 20% which means it will cost £103.78 in addition to the costs outlined above.
Defended Divorce/Dissolution of Civil Partnership
Where you instruct us to raise proceedings for divorce or dissolution of a civil partnership and your spouse or partner defends it, or if you ask us to defend an action of divorce or dissolution of a civil partnership raised by your spouse or partner, our fees are based on the following hourly rate:
| Position | Fee (exclusive of VAT) | VAT | Cost (including VAT) |
| Partner | £260 | £52 | £312 |
| Associate | £225 | £45 | £270 |
| Solicitor | £200 | £40 | £240 |
| Trainee/Paralegal | £175 | £35 | £210 |
The final fee we charge will depend on the nature or complexity of your case. We will also involve more than one person in our firm to properly represent you and look after your interests. The hourly rate for each fee earner in our firm are shown in the above table.
Are there any additional costs involved?
There can be many additional costs involved in a defended divorce or dissolution of a civil partnership. Once the case is enrolled in court, we then have to manage the entire process through to either an agreed settlement or a Proof, Debate or Proof before Answer. This can involve many different court processes for which there are court dues to pay and, potentially, local agents costs incurred. We will keep you advised of the costs as the case progresses through the court.
An indication of the court dues which can be incurred when you raise or defend court proceeding for divorce/dissolution of a Civil Partnership, we recommend you become familiar with the fees charged by the Sheriff Court. You can find these here and should look under the heading “Ordinary Procedure including Ordinary Divorce/Dissolution of civil partnership”.
What’s involved in a Defended Divorce/Dissolution of Civil Partnership Action?
This fee for the preparation of a Separation Agreement includes the following work:
- Taking your instructions on your situation
- Advising you about your options and the procedure involved
- Taking statements from witnesses
- Preparing your case and lodging the Initial Writ in court/entering Defences (these set out your case)
- Dealing with adjustments to answer claims made by your spouse/partner
- Dealing with court procedure and attending court on your behalf
- Negotiations leading to settlement (if appropriate)
- Citing witnesses to attend
- Setting and conducting a Proof/Debate/Proof Before Answer
- Confirming the outcome to you
Please contact us if you would like to discuss how we can help you with your Separation or Divorce.
