How much does a divorce cost? What are"disbursements"? Do you qualify for legal aid? What does it cover? What is fee remission? How do you apply for it?

It can be a minefield can't it? Let's take a look at a few situations.

Margaret

Margaret is 30 with two young children. She is part-time teaching assistant and earns £850 per month after tax. She doesn't pay any of the bills at the home she shares with her husband Tom but she does pay for children's clubs, food for the family, and most of the children's clothes.

An allowance is made for Margaret's dependant children. The amount of the allowance is not the exact amount she says she spends on them but a fixed figure the legal services commission says can be deducted from her income per child to reflect those payments.

After this has been done Margaret's disposable income falls below £733 per month which means that she is eligible on income limits for legal aid.

But if she has disposable capital above £8,000 she may still be denied access to legal aid.

There are certain allowances for the equity in her main home and also the fact that the subject matter of the dispute is the value of any property (often the case in divorce). This makes it impossible often to cash in the value of the asset to pay for legal advice. But if the equity in her home, together with the value of her other assets (a savings account for example) is in excess of £208,000, she will not qualify for legal aid.

Margaret has capital worth around £150,000 in total, all of which is tied up in the equity in her house. She is assessed as eligible for legal aid.

As a result Margaret will be automatically exempt from paying the court fee and her solicitor's fee (whcih will be capped) will be paid by the legal services commission.

However, Margaret is likely to have to repay these fees to the legal services commission with interest in the future.

Margaret is a fictitious character. You should always seek specific advice on whether you are personally eligible for legal aid. On the Legal Services Commission website there is an eligibilty calculator which you can use to assess if you might be eligible for legal aid.

Please note that Nicola Williams & Co do not offer legal aid. If you are eligible we will either refer you to another firm who can help you with your divorce or explain how to find a solicitor in your area.

Monica

Monica is also 30 with 2 young children and also earns £850 per month after tax. She is therefore eligible on income limits for legal aid but unfortunately the equity in her house (owned with her husband) is well over £400,000 and therefore she is not eligible for legal aid on capital limits. Monica will have to pay her solicitor to issue the divorce for her or issue it herself.

But Monica can apply for fee remission when her solicitor issues her divorce application. This is a straightforward form which is sent in to the court with evidence of her income. Because Monica's income is under £18,860 (the income limit for a single person with 2 children) she does not have to pay the court issue fee of £340.

Make sure you ask about fee remission when we issue your divorce, if you have an income of between £13,000 and £25,000, and we will assess your eligibility for you.

Stacey

Stacey is also 30 with 2 young children. She earns £45,000 per year and is not eligible for legal aid. Stacey isn't eligible for fee remission either.

Stacey does however have a credit card bill to pay and a mortgage. She is looking for the most economical way to divorce Edward who she's been separated from for over 2 years.

Stacey doesn't have time to look up all the guidance herself and fill in the forms. And she is worried about getting it wrong and making a mess of it. But she's heard solicitors can be pricey. She's had a look at some "online divorce" services but has a suspicion that most of them aren't legally qualified. So what will Stacey have to pay?

As she isn't eligible for fee exemption she will pay the court fees. These are paid directly to the court service. £340 is paid at the time the divorce application is issued. A further £45 is paid at the end for the decree absolute.

If Stacey does choose to do the paperwork herself she won't pay any other fees unless she gets something wrong. Then she'll have to pay £90 to amend the paperwork and send it back in to court. This will also cause delay. If it still isn't right she'll pay £90 again and again until she gets it right. The court service staff are not allowed to give advice on what she may need to do.

If Stacey decides to choose a cheap "online" service she should check who is actually going to be filling in the forms for her. Paralegals need no legal training at all. Lawyer is a general term and does not mean Solicitor. "Lawyers" and "Paralegals" do not necessarily have insurance or even legal qualifications. Furthermore they are not regulated and may overstate their experience or success rates.

Solicitors must have both insurance and qualifications. They must also have a clear pricing structure and formal complaints procedure. They are also regulated by the Solicitors Regulation Authority.

Solicitors fees vary hugely for divorce around the country, from as little as £175 plus VAT to £1000 plus VAT (or even more in big city firms).

Stacey should search online to see who offers the service she is looking for at a price she can afford and give them a ring or make an appointment to see someone, if the office is nearby.

As with any big purchase, it's about striking a balance between cost, service and reliability.

For more details on our fees for divorce look here