In early April 2025, and subject to parliamentary approval, the Ministry of Justice will increase 171 court and tribunal fees to account for changes to the Consumer Price Index (CPI). The income generated from these uplifts will help to support the efficient and effective running of His Majesty’s Courts and Tribunal Service (HMCTS).
Most notably from a family law perspective is the divorce fee, which will increase from £593 to £612 to issue a divorce application and the fee to issue applications under the children act, which will increase from £255 to £263.
What court fees are set to increase?
There are a number of court fees in respect of family court applications, which will increase by in April/May 2025. This includes the following:
– Applications for a financial remedy order – increasing from £303 to £313
– Applications for a financial remedy consent order – increasing from £58 to £60
– Applications for an order under the Children Act 1989 (for example, with regards to the arrangements for children) – increasing from £255 to £263.
What if I cannot afford the court fee?
The Help with Fees remissions scheme remains available for those with lower financial means who are unable to afford a court or tribunal fee. More information on the scheme can be found on GOV.UK.
Stephanie Kyriacou, family lawyer at Freeths said:
“Due to the current cost of living crisis, this will not be welcomed news for families looking to embark on family court proceedings as they may opt to stay in an unhappy relationship, due to the increasing costs to litigate matters.
Alternatives to family court proceedings should always be considered in any event, prior to issuing an application in the family court and perhaps the increased fees will make more people stop and consider the alternatives to court, such as mediation, arbitration, private FDRs etc.
Since the changes to the Family Procedure Rules, there is now more of an onus on parties to try and resolve their family disputes outside of the court arena. Parties are strongly encouraged to attempt non court dispute resolution (NCDR) before resorting to the overstretched and under-resourced family courts to resolve their family issues. Whilst NCDR is currently not mandatory for parties going through the family courts, a failure to attempt NCDR is a factor a Judge may look at when determining whether to make a costs order against a party. It is therefore paramount that parties looking to embark on the family court process have an open mind and are willing to consider alternative ways to resolve their disputes.
There are many different alternatives to going to court and yet most people know very little about them, prior to instructing a solicitor. Now that the family court fees have increased and given the amendments to the Family Procedure Rules, it is hoped that more parties who find themselves in a family law dispute will consider other dispute resolution options. Issuing an application in the family court should always be a last resort and a good family solicitor should discuss the alternative options available to their clients such as mediation, arbitration, collaborative law, private financial dispute resolution hearings to name but a few.
Parties who have a children dispute should also bear in mind that the family mediation voucher scheme has been extended. This is welcomed news as this scheme aims to support parties who may be able to resolve their children dispute outside of the court arena. The idea of the scheme is to encourage more parties to consider mediation and to support this, a financial contribution of up to £500 towards the cost of mediation will be provided, if eligible. Cases which are eligible are listed below:
- a dispute/application regarding a child
- a dispute/application regarding family financial matters where you are also involved in a dispute/application relating to a child
As eligibility is not means tested, most people will meet the eligibility requirements and therefore benefit from the £500 contribution”.
