Divorcing after a long separation is a common situation in the UK. Many couples separate and remain apart for years before deciding to formalise the end of their marriage. However, does the cost of divorce change the longer you have been apart? In this guide, we explore the financial implications of divorce after 10 years of separation.
Does the cost of divorce change the longer you’re separated?
Typically, the length of separation does not directly impact the basic cost of divorce in the UK. Whether you have been separated for two years, five years, or 10 years, the court fees remain the same. However, costs can increase depending on financial settlements, legal representation, and whether the divorce is contested.
In the UK, finances are assessed at the time of divorce, not separation - meaning assets gained or debts incurred during the separation can be considered. If disputes arise, legal costs can increase, especially if court proceedings are needed. The longer the separation, the more the court may consider how each party has managed their finances over time.
💡 Editor's insight: A separation agreement can help reduce future disputes by clearly outlining financial arrangements while you’re separated. Though not legally binding, courts often take it into account when approving a financial settlement, which can help streamline the divorce process and prevent unexpected financial claims.
Court fees in England and Wales explained
The main court fee for a divorce application in England and Wales is £593 (as of Gov.UK for 2025). This fee applies regardless of how long you have been separated. If you want to legally separate but don’t want to divorce or end your civil partnership, you can apply for a judicial separation. It costs £402 and allows you to formalise your separation without ending the marriage.
Additional potential costs
However, additional costs may arise if you require legal advice, mediation, or financial settlements.
Solicitor fees: These can range from £500 to £3,000+ depending on complexity of your case.
Mediation: If financial or child arrangements are disputed, mediation can cost £100 to £300 per session.
Consent order (financial agreement): If you need to formalise financial arrangements, a consent order costs around £53 (court fee) plus legal fees.
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What could a divorce after 10 years of separation cost?
As a rough estimate, a typical divorce after a decade of separation can cost anywhere between £500 and £1,200. If you need a divorce lawyer or have a complex case, costs could even rise to the £3,000+ mark, depending on where you live and the lawyer’s experience.
Here are the key factors that can affect the overall cost:
Finding your spouse: If you’ve lost contact, you may need to hire a tracing service to locate them. This can slow down the process and add extra costs.
Legal advice: Full legal support can cost anywhere from £150 to £500 per hour, depending on complexity. With Lawhive, you'll get a fixed-fee price upfront - so there are no nasty surprises along the way.
Court fees: Filing for divorce costs £593 in court fees. If you’re on a low income, you might qualify for a reduction or exemption.
Financial settlements: After 10 years apart, finances may have changed significantly. If you and your ex can’t agree on splitting assets like pensions, savings, or property, you may need court involvement, which can add extra legal costs.
💡 Tip: If you’re worried about costs, try reaching an agreement with your spouse before involving lawyers. Mediation can also be a cost-effective way to settle financial matters without going to court.
What could a divorce after two years of separation cost?
A divorce after two years of separation will largely cost the same as a divorce after 10 years. Standard court fees will remain the same, though you may have reduced solicitor fees if you have a simple case. If both spouses consent and financial matters are straightforward, the legal fees for a two-year separation divorce can sometimes be cheaper. In general, you'll still need to pay for:
Court application fee
Solicitor fees (if required)
Consent order (if financial matters need settling)
Mediation (if needed)
Does automatic divorce happen after seven years?
No, divorce never happens automatically in the UK - no matter how long you’ve been separated. Even if you’ve been apart for decades, you still need to formally apply for a divorce through the courts. Before April 2022, under the old divorce law, if a couple had been separated for five years, one spouse could apply for a divorce without the other’s consent. This was often used when one partner refused to agree to the divorce.
With the introduction of no-fault divorce, there’s no longer a need to prove separation or assign blame. You can apply for a divorce as soon as you decide your marriage has irretrievably broken down - there’s no need to wait for a set period. Even if you’ve been separated for a long time, you still need to go through the legal process to end your marriage officially. If you're unsure where to start, seeking legal advice can help you navigate the process smoothly.
👉You can learn more in our guide to automatic divorce after a long separation.
FAQs
Is divorce more expensive after a long separation?
Not always. The court fee stays the same, but legal costs can increase if there are disagreements over finances, property, or support payments.
Can I get divorced for free?
If you’re on a low income or receiving benefits, you may qualify for a reduction or exemption on court fees through the Help with Fees scheme.
Do I need a solicitor for a divorce after 10 years of separation?
Not necessarily. If your divorce is straightforward, you can handle it yourself. However, if there are financial assets, pensions, or children involved, legal advice is recommended to ensure a fair outcome.
Final thoughts
The cost of divorce can sometimes change based on how long you have been separated. If you're considering divorce after a long separation, seeking legal advice can help you navigate financial and legal complexities efficiently.
Disclaimer: This article only provides general information and does not constitute professional advice. For any specific questions, consult a qualified legal professional.