Divorce Scotland Cost: Court Fees, Solicitor Fees, and Fee Exemptions

The cost of divorce in Scotland depends almost entirely on which procedural track you use and whether you hire a solicitor. A DIY simplified divorce can cost as little as £156 in total — or £0 if you qualify for a fee exemption. A contested case with solicitors on both sides can run past £10,000.

Court Fees (2026 Rates)

The Scottish Courts and Tribunals Service sets fees under the Sheriff Court Fees Order and Court of Session Fees Order. These are the current rates:

For a straightforward simplified divorce, you pay the £156 lodging fee and nothing else. The decree is included in that fee at the Sheriff Court level.

For an undefended ordinary divorce (the type you need if you have children under 16), expect to pay £191 for lodging plus £82 for the affidavit stage — around £273 total.

Sheriff Officer Costs

If the court's recorded delivery post fails to reach your spouse, you'll need to hire a Sheriff Officer for personal service. The SCTS charges a £15 administrative fee to authorise the instruction, and the officer typically charges around £96.27 plus 20% VAT (£115.52 total). Add that to the £15 court fee and you're looking at roughly £130 on top of your filing fee.

Solicitor Fees

Hiring a solicitor for an undefended divorce typically costs £800–£1,500 in Scotland. For a contested divorce with a full court hearing ("proof"), fees regularly exceed £5,000–£10,000 per side, depending on complexity.

A Minute of Agreement (the out-of-court financial settlement document) drafted by solicitors typically costs £500–£1,500 per party. Registration in the Books of Council and Session costs £20.

The Fee Exemption Route

If money is tight, you may qualify for a complete exemption from all SCTS court fees. The qualifying criteria include receiving:

• Universal Credit (with gross annual earnings under the threshold)
• Income Support
• Income-based Employment and Support Allowance (ESA)
• Guarantee Credit element of Pension Credit
• Personal Independence Payment (with gross annual income under £26,437)

You apply using the SCTS fee exemption form — not the English EX160 form, which only works in England and Wales. Submit it alongside your divorce application with a copy of your DWP or HMRC benefit award letter as proof.

Swearing the Affidavit for Free

Every divorce application in Scotland requires a sworn affidavit. You can get this done for free by booking an appointment with a Justice of the Peace at your local Sheriff Court. Solicitors and notaries public charge £20–£50 for the same service.

The Cheapest Way to Get Divorced in Scotland

The absolute cheapest route: qualify for a simplified divorce, apply for the fee exemption, and swear your affidavit before a JP. Total cost: £0.

Without the exemption, a DIY simplified divorce costs £156 — less than the price of a solicitor's initial consultation in most firms.

The Scotland Divorce Filing Process Guide includes a fee exemption eligibility checker and walks through both the simplified and ordinary procedures step by step, so you know exactly what you're paying for at each stage.

See more Scotland guides →