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We can act for you in divorce proceedings for a fixed fee. You will know exactly how much you will have to pay.

This is what it will cost you to be represented by one of our divorce lawyers:

If you are the Petitioner – the one who applies to the court for a divorce

• £985 including VAT and court fees
• Our fees (incl. VAT) £600.00
• Court Petition fee £340.00
• Court Decree Absolute fee £45.00
• Total £985.00

If you are the Respondent – the one who receives the petition from the court

• £420 including VAT

Note: In the event that HM Courts Service increases the Court fees payable by you, we reserve the right to increase the fixed fee by that amount.

What work do we do for the fixed fee?

1. The first payment by you of £100 gives you a fixed fee consultation with us.
2. We will write to you and your spouse or spouse's solicitors about the divorce.
3. We will draft the divorce documentation:

• Petitioner: Divorce petition
• Statement of Arrangements for Children Reconciliation Certificate
• Application for directions for trial of petition
• Affidavit in support of Petition
• Application for Decree Absolute
• Respondent: Acknowledgement of Service

4. Checking Court papers:

• Certificate of Entitlement to a decree
• Decree Nisi
• Decree Absolute

What work is not included in the fixed fee?

1. If you are a Petitioner and the Respondent defends the action we do not include the costs and expenses of acting for you in defending the divorce proceedings. We would let you know how much it would cost to act where the Respondent defends and agree a fee with you
2. The court will usually serve the divorce papers on your spouse by post but sometimes it is necessary to ask for personal service by a duly appointed court officer. If this is necessary there will be additional costs that we will let you know and agree with you how much it will cost if applicable.
3. If it is necessary for us to amend the original petition filed with the court. You may, for example, wish to add further details of unreasonable behaviour to your original statement.
4. If you are the Respondent, the costs of applying to the Court on notice for Decree Absolute where the Petitioner does not do so
5. If we have to attend to issues relating to property, finances, domestic violence or children, including any hearings ordered by the Court.
6. The fee charged by the Registrar of Births, Deaths and Marriages or church for a certified copy of your marriage certificate (usually £7.50).
7. Fees charged by another solicitor or other commissioner for oaths for swearing an affidavit in support of divorce petition but note this can be arranged at court free of charge
8. The cost involved in locating your spouse if you do not know where he or she is living.
9. Applications for deemed or substituted service of the Petition or to omit your address from the Petition.
10. Representation at Court in relation to the divorce. This is very rarely necessary.
11. Enforcing an order for costs against your spouse.
12. Defending a claim for costs made against you by your spouse.

What if I decide not to go ahead with the divorce?

In those circumstances we would charge you for all work and disbursements incurred until that point on a time recorded basis by applying our hourly charging rate as detailed in our client care letter and terms and conditions of business. Your bill for the divorce will not be more than the fixed fee and may be less than the fixed fee.

When do you have to pay us?

Petitioners:

1. £100 at our initial consultation.
2. £350 on confirming that you wish to instruct us to prepare a divorce petition.
3. £350 when the divorce petition is ready to be issued at Court.
4. £185 on pronouncement of Decree Nisi.

Respondents:

1. £100 at our initial consultation.
2. £320 when Decree Nisi is granted by the Court

What if my spouse is ordered to pay my costs?

If your spouse complies with any order for costs, any costs recovered will be deducted from the fixed fee payable to us. If it is necessary for us to carry out work to enforce an order for costs against your spouse, this is not covered by the fixed fee and we will have to agree a sum with you to cover the costs of the additional work.

What if there is a dispute about property, finances, domestic violence or children?

Hadaway & Hadaway has a very experienced team of solicitors who regularly handle disputes in divorce. Unfortunately, it is not possible to deal with such complex matters on a fixed fee basis. We have to charge such work at our hourly rate. At the outset of your case, we will give you an estimate of the costs that you are likely to incur in relation to these disputes.

Please note that even if you and your spouse agree between you the terms of a financial arrangement, we will need to prepare documentation leading to either a Consent Order or a Deed of Separation in appropriate and binding terms. Usually we will do so on the basis of an hourly charge but occasionally we can do so on a fixed fee basis. Additional costs may be incurred if we need to do any conveyancing work but this can be done on a fixed fee basis agreed with you before any work is carried out

This subject is governed by the Animal Welfare Act 2006.  Docking involves the removal of a puppy’s tail.  The procedure is carried out without anaesthetic.  Historically, the tails of certain breeds of dog have been docked in accordance with breed standards laid down by the Kennel Club.  Those who support the practice maintain that it is beneficial to dogs in that it promotes hygiene and reduces the risk of injury.  Opponents to this practice say that it is for cosmetic purposes only, causes suffering and removes an essential method by which Canines communicate.  Tail Docking was rendered illegal by Parliament in 2006 other than in limited circumstances.  Whilst we currently see dogs, which previously would have been docked, with complete tails it is likely that private individuals will continue to remove tails at home some times unaware of the unlawfulness of this practice.  It is therefore likely that the subject of tail docking will come before the Courts on a regular basis. 

 

Under the Animal Welfare Act 2006 it is unlawful to remove the whole or part of a dogs’ tail “otherwise than for medical treatment”.   Removal of the tail by any procedure is unlawful.

 

There are two exceptions to this as follows :-

 

1.       A tail can be docked for medical treatment.  A vet can remove a dogs tail if it is in the interests of the animals welfare so to do. 

2.       An exception exists for working dogs.  If a puppy is to be used as a working dog then its tail can be docked but only by a vet.  The puppy must be at least 5 days old.  In order for a dog to qualify as a working dog a vet must certify two conditions.  The first is that the vet must have seen evidence that the dog is intended for use in connection with law enforcement, activities of her Majesty’s Armed Forces, the Emergency Rescue Services, lawful pest control or the lawful shooting of animals.  The owner of the animal or a representative of that person must provide a signed statement to the vet confirming that the puppy is intended to be used in such a fashion. 

 

Only certain breeds of dogs can be docked.  The vet does have sight of the parentage of the puppy and be satisfied that it is of a specified type.  The breeds specified are contained in the Docking of Working Dogs’ Tails (England) Regulations 2007.  In England a vet may dock Spaniels, Terriers and Hunt Point Retrievers of any combination.  The latter would include a Weimaraner but would not for instance include a Boxer or a Rottweiler, such dogs can only be docked. 

 

Where illegal docking takes place it is the person responsible for the docking that the Crown must identify.  This will undoubtedly present difficulties for the Crown as it would be unusual for the owner of a docked dog to be responsible for the removal of its tail.  The docking is normally carried out by the breeder long before the dog reaches the owner. 

 

There is no offence of possessing a docked dog even if the removal of its tail was illegal.  However the Act prohibits the showing of a docked dog at any public event unless the dog is shown to demonstrate its working ability.  

 

The English Kennel Club has amended the breed standard in consequence of the Animal Welfare Act 2006 therefore there is no longer any incentive to show a docked dog at a competition. 

 

 

In the Budget on 23^rd March 2011 the Chancellor George Osborne indicated that changes would be made to Inheritance Tax law from April of next year to encourage people to use their Wills to make charitable donations. 

The announcement was initially billed as a 10% cut in Inheritance Tax for those who left 10% of their estates to Charity.  This has since been clarified to mean that leaving 10% of your estate to Charity will result in a cut in the rate of Inheritance Tax from 40% to 36%. (10% of 40% being 4%, so therefore the rate will be cut by 4%).

It remains to be seen how many people will wish to take advantage of this dubious incentive.  On the Government’s own figures they expect Charities to receive an extra £300million over a 3 year period because of this change. It is unclear what this figure is based on and it can only really be a shot in the dark.

This is not a change that can be used to protect estates from Inheritance Tax in order to benefit family members.  To benefit from the reduced Inheritance Tax rate it will be necessary to leave more to charity than will be saved in tax. However, for those who intended to benefit charities in their Wills in any event, it is a welcome tax relief and other beneficiaries under the Will shall benefit accordingly.

If you wish to discuss this change or any other aspect of Wills or Inheritance Tax planning please do not hesitate to contact our specialist solicitors in the Probate Department.