The breakdown of a marriage is often an emotionally charged and financially complex process. In England and Wales, the legal fees and costs associated with divorce can vary significantly depending on the complexity of the case, the level of cooperation between parties, and the legal representation chosen. Costs usually include divorce solicitor fees, court fees, expert witness fees and counsel fees amongst various others.

In the recent case of DH v RH [2024] Costs LR 969, a costs order (divorce) was awarded in favour of the husband due to the wife’s misconduct in financial remedy proceedings.

Costs order divorce – Who pays divorce costs?

The general principle in divorce proceedings and other family law cases is that each party bears their own legal costs. However, there are circumstances in which the court may order one party to pay some or all of the other party’s costs. The court’s decision on costs is usually influenced by the conduct of the parties during the proceedings and the reasonableness of their positions.

Some of the factors which the court may take into consideration when deciding to make a costs order (divorce) include:

Conduct of the parties:

The court may penalise a party for unreasonable behaviour or for causing unnecessary costs to be incurred. This could include failing to comply with court orders, pursuing baseless claims, or engaging in obstructive behaviour.

Financial disparity:

In some cases, the court might consider the financial disparity between the parties when deciding on costs. If one party is significantly wealthier, the court may order them to contribute to the other party’s legal costs.

Litigation misconduct:

If a party is found to have engaged in misconduct during the litigation process, such as withholding information or refusing to cooperate, the court may order them to pay the other party’s costs.

DH v RH

The case of DH v RH is a striking example of how litigation conduct can significantly impact costs orders in divorce proceedings. In this case, the High Court dealt with the issue of costs following a final hearing of financial remedy proceedings. The legal spending in this case reached an astounding £3 million, with the husband’s costs amounting to £1 million and the wife’s costs reaching £1.9 million.

The court criticised the wife for her “egregious and persistent litigation conduct.” This conduct included failing to comply with at least 50 individual case management orders and engaging in a relentless search for assets she believed were undisclosed. Her conduct significantly prolonged the proceedings and increased the costs.

Moreover, the wife alleged that the husband was hiding assets in financial settlement proceedings, including holdings in cryptocurrency, amounting to between £170 million and £210 million. However, the court rejected these claims, further indicating that the wife’s persistent pursuit of these allegations contributed to the excessive costs.

The husband accused the wife of “wanton and reckless dissipation of assets” through her litigious approach, which he claimed included the theft of confidential financial information. This resulted in him incurring an additional £25,000 in costs. Moreover, her behaviour during the hearings was described as disruptive, causing delays and further increasing costs.

In light of the wife’s conduct, the judge ordered her to pay £200,000 towards the husband’s costs and an additional £55,000 to cover specific expenditures he was forced into. The court found that the wife’s litigation strategy and behaviour were unjustified and had unnecessarily escalated the costs.

Recovering costs of divorce

A claim for costs of divorce must be made at the Decree Nisi stage and should be included within the divorce petition. Upon granting of the Decree Absolute, legal costs will be payable at this stage if an application is successful.

If granted, the costs order (divorce) may state the phrase “costs to be assessed if not agreed.” In these circumstances, the process of detailed assessment will be used to decide the level of costs owed to you.

In order to recover your legal costs, you must serve a bill of costs upon the paying party alongside a Notice of Commencement.

The bill of costs should detail all of the costs you wish to recover, such as the Court fee, solicitors fees, expert fees and any additional costs incurred by you as a result of the divorce proceedings.

The paying party will then have 21 days to respond to the bill of costs by sending their points of dispute if they do not agree to all costs within the bill.

If they do not provide their points of dispute within 21 days, you will need to apply for a default costs certificate which will entitle you to recover all costs listed within the bill.

How can ARC Costs assist with a costs order- divorce?

ARC Costs can assist in all legal costs matters, including costs in family law and divorce proceedings, irrespective of whether you are a paying party or a receiving party. If a divorce cost order is made, you should seek the assistance of a costs specialist immediately.

We are highly experienced Costs Draftsmen/Costs Lawyers and have been successful in recovering substantial amounts in legal fees for our clients. We can assist in the whole of the detailed assessment process, from drafting your Bill of Costs and Points of Reply to conducting negotiations with the other side before advising on whether the claim should proceed to a Detailed Assessment Hearing, for which one of our in-house Costs Lawyers can provide representation and expert legal advice.

We can be contacted via or contact form at the top of the page, email at info@arccosts.co.uk, or by telephone on 01204 397302. For more information on legal costs, please find out more about our speciality areas of expertise and our services on our legal costs page.

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