Family Court Fees set to Increase

In November 2023, the government published a consultation proposing a 10% increase in over 200 different court fees, which would have seen a potential additional revenue for the Ministry of Justice of £42 million. The increase was sought to keep pace with the increased costs that the courts were facing in view of inflation whilst minimising the costs to general taxpayers.

The outcome of the consultation was published on 1 April 2024 and confirms that though fewer than had been anticipated, with 30 of the 202 consulted on set to remain the same. 

Most notably from a family law perspective is the divorce fee, which had been proposed to increase to £652 but will now remain at £593. With the Ministry of Justice acknowledging that this was already an enhanced fee, the underlying service had already been simplified with its digitalisation and the introduction of no-fault divorce, and that an increase would not be proportionate at this time.

What court fees are set to increase?

There are still a number of court fees in respect of standard family court applications, which will increase by around 10% in May 2024. This includes;

Applications for a financial remedy order – increasing from £275 to £303

Applications for a financial remedy consent order – increasing from £53 to £58

Applications for an order under the Children Act 1989 (for example, with regards to the arrangements for children for residence and contact) – increasing from £232 to £255.

What if I cannot afford the court fee?

As is already the case, where there is financial difficulty in paying the court fee, it remains possible to apply for help with the court fees.

What about future court fee increases?

Until now, the court fees have been increased on an ad hoc basis and are subject to public consultation, with the last increase happening in September 2021. As part of this consultation, the government proposed that the court fees would instead be updated on a routine basis every two years to account for changes in cost and inflation.

The next review will take place in 2025/2026 with a view to being implemented in 2026 and will not be subject to a public consultation as it has been to date.

How we can assist

At Birkett Long LLP, our specialist family solicitors can advise on all aspects of family law. With our assistance, you can be confident that you will achieve the right outcome. We have experience in all forms of dispute resolution and can, in many cases, assist in reaching a fair resolution without an application having to be made to the court and the associated costs of doing so.

We offer a free initial 15-minute, no obligation telephone call with our solicitors to discuss your requirements. I can be contacted on 0330 818 3108 or via email at [email protected].