By Prof Judith Masson, Professor of Socio-Legal Studies (University of Bristol Law School).*
The Family Court system costs a lot to run. Until 2008 much of the cost of running the courts came from taxes, but increasingly litigants are expected to foot the bill. So the court system cannot be thought of as simply part of securing a Just Society, like the Police, the Armed Services and Parliament, all of which are paid for from taxes. Rather courts exist as a service for those who want to litigate.
Court fees have been raised repeatedly, and for some types of proceedings, including divorce, actually exceed what it costs to provide the service. The court fee for divorce is £550. Applicants for divorce subsidize other cases where the full economic cost cannot be charged. The courts have a monopoly over divorce, which is secured by the criminal law! Remarrying whilst still married is a crime – bigamy.