Family Proceedings Fees

Consultation on implementing fee increases, including to family proceedings fees

The Ministry of Justice (MOJ) has recently had open a consultation on proposed changes to selected court and tribunal fees including the Family Proceedings Fees Order 2008.

Current fees for family proceedings include a £593 to issue a divorce petition or a petition to dissolve a civil partnership, a £275 fee to start financial remedy proceedings and a £232 fee to start private children proceedings such as applying for a child arrangements order.

The proposals discussed in the consultation included making increases to a selection of court and tribunal fees from 2024 and making routine updates to fees every two years.

One proposal, if implemented, would increase up to 202 fees by 10% to partially account for backdated increases to CPI.  Another proposal, if implemented, would make full or partial inflation-based increases to selected fees once every two years, referring to the CPI.

The MOJ says that previous increases to HMCTS fees to reflect inflation have been ad hoc. As a result, user contributions through fees are increasingly misaligned with rising costs experienced by HMCTS, which ultimately affects cost recovery levels and requires greater reliance on taxpayer subsidisation. Occasional increases also require more significant changes to fees each time to account for what might be several years of backdated increases to CPI. Smaller-scale increases delivered at more regular intervals would not only provide a more sustainable stream of income for HMCTS, but would also enable fee increases to be implemented steadily over time.

The consultation closed on 22 December 2023 so we now await the outcome and if there will be a price increase.

It is important to note that the MOJ does offer applicant’s the opportunity to apply for a full fee exemption or a fee reduction if the applicant is receiving certain benefits or has a low income. This will continue to operate even against any proposed fee increase.

If you are considering making an application to the family court for any reason, early legal advice is beneficial to make sure the application is necessary and that all points have been considered fully.    Contact our experienced family law team in Ipswich on 01473 213311 or our family law team in Colchester on 01206 584584 to discuss our initial consultation process, alternatively you can email [email protected] or visit our website and click “Call Me Back” and a member of family law team at Kerseys Solicitors will be happy to contact you.