Increased Family Court Fees in England and Wales: What You Need to Know (Excluding Divorce)

The Ministry of Justice has concluded its consultation on family law court fees, confirming an increase in several court and tribunal fees, though notably, the divorce application fee will remain unchanged at £593.

Reasons Behind Not Increasing Divorce Fees

The consultation aimed to gather opinions on adjusting family law court fees in line with general price level changes. Feedback indicated that the process of divorce is often a stressful necessity, and the existing fees are already seen as a significant burden for those seeking to dissolve their marriages.

Key concerns included the impact of higher fees on access to justice, particularly affecting women, who are statistically more likely to initiate divorces. Many voiced that the current fee could trap individuals in unhappy or abusive relationships due to financial barriers. Contributors also pointed out that the cost of processing a divorce likely surpasses the service cost, citing efficiencies gained through digital advancements and the introduction of no-fault divorces, which reduce conflict by removing the blame component in separations. Considering these factors, the decision was made to maintain the divorce fee at £593, ensuring fairness and avoiding public dissatisfaction.

Implications for Current and Future Cases For ongoing cases

From 1 May 2024, the following adjustments will apply:

• Increase in the Court fee for children cases (Child Arrangements  will rise from £232 to £255. This fee adjustment also extends to Specific Issue Orders, Prohibited Steps Orders, Special Guardianship Orders, and applications for Parental Orders. Additionally, the fee for applying for an Adoption Order will increase from £183 to £201.
• Applications for financial orders not settled by mutual agreement will see a fee increase from £275 to £303.
• The fee for applying for Financial Consent Orders will increase from £53 to £58.

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