Court Fees and Fee Exemption in Scottish Divorce
A simplified divorce application in the sheriff court costs £156. An ordinary divorce costs £191 to raise, with a further £82 when affidavits are first lodged, so £273 in court fees in total. Those figures are set by Schedule 1 of the Sheriff Court Fees Order 2026 (SSI 2026/74) and have applied since 1st April 2026.
They will change again on 1st April 2027, and the new figures are already law. Both tables are set out below, together with the two routes by which a person may be exempt from paying the fee at all, and exactly which benefits qualify whom.
New to this and not sure which route applies to you? Start with how to get a divorce in Scotland, which sets out the whole decision path in order.
Sheriff Court Fees for Divorce and Dissolution from 1st April 2026
These are the fees payable to the court. They are separate from any solicitor’s fee and from the sheriff officer’s own charge for effecting service.
| Fee | Amount | Source |
|---|---|---|
| Simplified divorce or dissolution application, inclusive of all procedure other than a subsequent application on change of circumstances | £156 | Schedule 1, paragraph 8 |
| Subsequent application upon change of circumstances by a party, in a simplified application | £40 | Schedule 1, paragraph 9 |
| Initial writ in an action of divorce or dissolution of a civil partnership, other than a simplified application | £191 | Schedule 1, paragraph 7 |
| Initial lodging of affidavits in a family action where proof by affidavit evidence has been allowed | £82 | Schedule 1, paragraph 28 |
| Citation of, or intimation to, any person by sheriff officer as instructed by the sheriff clerk | £15 plus the sheriff officer’s own fee | Schedule 1, paragraph 38 |
All figures are in force from 1st April 2026 under the Sheriff Court Fees Order 2026 (SSI 2026/74).
What that comes to
For a simplified divorce, the court fee is £156 and nothing further is payable to the court in a straightforward case.
For an undefended ordinary divorce, the court fees are £273 in total: £191 on the initial writ and £82 when the affidavits are first lodged. Service by sheriff officer is charged separately, at £15 to the court plus the officer’s own fee.
What the Fees Become on 1st April 2027
The 2026 Order contains two schedules. Schedule 1 sets the fees payable from 1st April 2026. Schedule 2 sets the fees payable from 1st April 2027. The 2027 figures are therefore already made and are not a forecast.
| Fee | From 1st April 2026 | From 1st April 2027 |
|---|---|---|
| Simplified divorce or dissolution application | £156 | £160 |
| Subsequent application on change of circumstances | £40 | £42 |
| Initial writ, divorce or dissolution | £191 | £196 |
| Initial lodging of affidavits in a family action | £82 | £85 |
| Citation or intimation by sheriff officer | £15 plus the officer’s fee | £15 plus the officer’s fee |
Court fees in the total for an ordinary divorce therefore rise from £273 to £281 on 1st April 2027. If you are weighing up whether to raise an action now or later, that is the difference.
Exemption from the Court Fee
You may not have to pay the court fee at all. Exemption is a statutory entitlement where the criteria are met. It is not a discretionary waiver, the court has no power to grant it out of sympathy, and it will not be given without evidence. There are two routes, and they sit in separate articles of the Order.
Route one: legal aid
Under article 8, no fee is payable by a person who is in receipt of civil legal aid under the Legal Aid (Scotland) Act 1986, or who is in receipt of advice and assistance for the purposes of a simplified divorce or dissolution application, or whose solicitor is undertaking the work under the special urgency provisions of the legal aid regulations.
The middle limb matters more than people realise. Advice and assistance granted specifically in connection with a simplified application carries the exemption with it, even though advice and assistance is a much lower threshold than full civil legal aid.
Route two: qualifying benefits
Under article 9, no fee is payable by a person in the following circumstances. Read the third column carefully, because whether your spouse’s benefit helps you depends entirely on which benefit it is.
| Benefit or circumstance | Qualifies if you receive it | Qualifies if your partner receives it |
|---|---|---|
| Income support | Yes | Yes |
| Income-based jobseeker’s allowance | Yes | No |
| Guarantee credit under the State Pension Credit Act 2002 | Yes | Yes |
| Income-related employment and support allowance | Yes | Yes |
| Universal credit | Yes | No |
| Personal independence payment or adult disability payment, provided gross annual income is £26,437 or less | Yes | No |
| Financial or other assistance under the Welfare Funds (Scotland) Act 2015 received within the previous three months | Yes | Yes |
Two points of precision, both of which are commonly got wrong.
The income limit applies to one line only. The figure of £26,437 of gross annual income is a condition attaching to personal independence payment and adult disability payment. It does not qualify universal credit, income support, income-based jobseeker’s allowance, guarantee credit or income-related employment and support allowance. If you receive one of those, there is no income test to pass.
“Partner” has a narrow meaning. Article 2 of the Order defines a partner as a person to whom a person is married or with whom the person is in a civil partnership. A cohabitant is not a partner for this purpose, however long the couple have lived together. In a divorce, of course, the partner whose benefit might qualify you is usually the very person you are divorcing, which is a practical difficulty as often as it is a help.
How to Apply for Exemption
The exemption application is lodged alongside the divorce application itself. Our page on the simplified divorce forms sets out everything that has to go in the envelope.
The Scottish Courts and Tribunals Service publishes the form. It carries no letter-and-number designation; it is titled simply as an application form for exemption from payment of court fees on or after 1st April 2026. There is also a shorter version for use where an application for exemption has already been lodged in the same proceedings, so that you do not have to complete the whole thing twice.
Lodge the completed form together with your application, and be ready to produce evidence of the benefit or the legal aid certificate. An application for exemption sent in without supporting evidence is the most common reason for one being refused.
The Court of Session
A simplified divorce may also be applied for in the Court of Session. Almost nobody should. The fees there are set by a separate order, the Court of Session Fees Order 2026 (SSI 2026/80), and they are higher than the sheriff court equivalents. Unless there is a specific reason for the action to be in the Court of Session, the sheriff court is both cheaper and closer to home.
Where the Court Fee Sits in What You Actually Pay
The court fee is one component of the total. Our fixed fees are quoted all in, which means the court fee is inside the price rather than added to it afterwards.
| Route | Court fees included | Our fixed fee, all in |
|---|---|---|
| Simplified divorce | £156 | £550 |
| Undefended ordinary divorce | £273, plus sheriff officer service | £1,550 |
If you are doing it yourself, the court fee is most of what you will pay, and our page on DIY divorce in Scotland takes you through the whole procedure. For the full picture of every outlay on both routes, see what a divorce costs in Scotland.
Frequently Asked Questions
How much is the court fee for a divorce in Scotland?
For a simplified divorce in the sheriff court, £156. For an ordinary divorce, £191 on the initial writ and a further £82 when affidavits are first lodged, so £273 in total. Both figures are set by Schedule 1 of the Sheriff Court Fees Order 2026 (SSI 2026/74) and apply from 1st April 2026.
When do Scottish court fees go up again?
On 1st April 2027. The increases are already in Schedule 2 of the same Order: the simplified application fee rises to £160, the initial writ to £196 and the affidavit fee to £85.
Can I get the court fee waived if I am on universal credit?
You are exempt from the fee if you receive universal credit. There is no income test attaching to universal credit. What matters is that it is you who receives it: on universal credit and on income-based jobseeker’s allowance, a partner’s receipt does not qualify you.
What is the £26,437 figure?
It is a gross annual income limit, and it attaches only to personal independence payment and adult disability payment. If you receive one of those and your gross annual income is £26,437 or less, you are exempt. The figure has nothing to do with the other qualifying benefits.
Does my husband or wife being on benefits get me the exemption?
Sometimes. A partner’s receipt of income support, guarantee credit, income-related employment and support allowance, or Scottish Welfare Fund assistance in the previous three months will qualify you. A partner’s universal credit, income-based jobseeker’s allowance, personal independence payment or adult disability payment will not.
What form do I use to apply for exemption from court fees?
The Scottish Courts and Tribunals Service application form for exemption from payment of court fees on or after 1st April 2026. It has no letter-and-number designation. A shorter version exists for a second application within the same proceedings.
Does advice and assistance count, or do I need full legal aid?
Advice and assistance granted for the purposes of a simplified divorce or dissolution application carries the exemption in its own right, under article 8 of the Order. You do not need a full civil legal aid certificate to qualify by that route.
What does the sheriff officer cost?
The court charges £15 for citation or intimation by sheriff officer where the sheriff clerk instructs it. The sheriff officer’s own fee is charged separately and is not set by the fee order. In our fixed-fee ordinary divorce, both are inside the £1,550.
This page was written and reviewed by Brian Rooney, Managing Partner of Rooney Family Law, accredited by the Law Society of Scotland as a specialist in family law. Fees are stated as at 1st April 2026 under the Sheriff Court Fees Order 2026 (SSI 2026/74), with the Schedule 2 figures effective 1st April 2027. The Scottish Courts and Tribunals Service is the authoritative source and should be checked before you lodge. This page is general information about Scottish court fees and is not legal advice on your circumstances.
Last reviewed: 8th September 2026.
What You Will Actually Pay
The court fee is one part of it. A simplified divorce with us is £550 all in, which includes the £156 court fee, and an undefended ordinary divorce is £1,550 all in, including court fees and sheriff officer service. Nothing further to pay.
