Sir Nicholas Mostyn, a British High Court of Justice judge in the family division, has called for action to be taken to curb the costs of divorce and prevent time wasting, as well as encouraging fixed pricing of litigation. His comments come in light of a case - known only as J and J - in which a couple have spent a third of their multimillion-pound wealth in the divorce courts. The husband and wife, who had amassed a fortune of £3 million, spent what the judge described as “an eye-watering total” of £920,000 from their total joint assets on lawyers and experts.
“Lost for words”
Giving his judgment, Judge Mostyn said “I must confess to have been almost lost for words when the scale of this madness was revealed to me”, adding that similar “wasteful and inefficient practices” leading to “grotesque leachings of costs” are not unusual in divorce cases. He vowed to “curb the disfiguring impact of excessive costs” and intends “to bring this judgment to the attention of the president [of the high court’s family division] with a view to him raising this pressing matter as a matter of urgency with the family procedure rules committee.”
Fixed pricing possibility
This is not the first case in which a judge has suggested that something needs to be done about excessive costs in divorce. Back in 2008, in the case of KSO v MJO & Ors, a husband and wife fighting over an asset pool of £818,416 incurred such high costs the husband had to declare himself bankrupt and the whole case collapsed. At the time, the judge in that case, now Lord Justice Munby, current president of the family division, said “Something must be done about the problems highlighted by this and by too many similar cases. We simply cannot go on as we are. The expenditure of costs on the scale exemplified by this and by too many other such cases is a scandal which must somehow be brought under control.” Referring to Munby’s comments, Judge Mostyn concluded that “the time has come when the lawmakers in this country, whether they are legislators or judges, must stop saying something must be done and actually do something. The first thing would be to insist ... on fixed pricing for cases and judicial costs capping.”
Keeping the costs of divorce down
The leading team of family lawyers at Crisp & Co understands the importance of minimising costs associated with divorce. We offer a unique fixed fee scheme which allows you to keep on top of your finances and know what you need to pay up front. Additionally, we have a “pay as you go” option under which you pay a sum and use our services until you reach a certain limit. Contact us to find out more about how we can help you with your divorce.