Explaining the Rise in Family Court Fees

In May 2024, the government’s increase in Family Court fees will come into effect. The legislative change was first announced on November 10th, 2023, and after further consultation and review, it is about to hit the court system.

According to the government, this change will aid taxpayers. In this article, we'll explain the change in costs and the out of court alternatives you can seek for settling disputes.

What is the breakdown of the cost change?

The fees for certain key family court applications are set to increase. These include:

• Applications for a parental order, encompassing matters such as Child Arrangements Order (CAO), parental responsibility, or financial provision (Schedule 1), will increase from £232 to £255.
• Applications for contested financial remedy orders will rise from £275 to £303.
• Applications for financial remedy orders by consent or a decree of judicial separation will increase from £54 to £59.
• General on-notice applications to the Court will rise from £167 to £184.

A notable absence here are divorce fees. This is because the government has shifted its strategy following consultation.

Are divorce fees increasing?

The Ministry of Justice (MoJ) has removed 30 of the proposed 202 court fees for increase. The most notable example of the change is the divorce application fee. The divorce application fee of £593 was found to already be a considerable price, not in need of adjustment.

The consultation response said: “The government acknowledges that, as an ‘enhanced’ fee, divorce is high in comparison to other fees related to proceedings in the family courts.”

“Protecting access to justice is of paramount importance, and the government has carefully considered the affordability concerns raised during the consultation period, including the risk that an increase to the divorce fee could deter people (particularly women and those in abusive relationships) from bringing applications to court, therefore remaining in unhappy relationships.”

However, it did stress that an increase would not be proportionate “at this time," meaning it will likely be reviewed again in the coming years.

Is there help if you cannot afford the family court fees?

Legal aid availability is becoming more restricted. Our legal aid services are restricted to certain family and mediation cases. Strict eligibility criteria applies for legal aid and this hinges primarily on your case type and secondarily on your financial circumstances.

Should your case meet the criteria for legal aid, you'll need to furnish evidence of your financial situation. Initially, a phone consultation with one of our caseworkers may offer insight, and if it appears you could qualify, a complete financial disclosure will be required for confirmation.

What are the alternatives to family court?

There is a growing backlog of cases in the continually strained family court system. Due to this, there is a serious push from the government to encourage parties to use alternative dispute resolution (ADR). This can take the form of either mediation or arbitration.

Mediation: This is when a neutral third party helps disputing parties identify what is important to them and assists them to negotiate with each other in a safe environment to address disagreements about money or their children.

Arbitration: This is where legally trained and qualified professionals will make impartial decisions regarding the division of financial assets.

If you need help with any family disputes or court proceedings, then our team here at Venters Solicitors is here to help you every step of the way. We have offices in Reigate, Camberwell, Fleet, and Farnham, and meetings can be held remotely if more convenient for you. You can contact us at 020 7277 0110 or email info@venters.co.uk.