Family law: For the first time in five years Court fees are set to rise from 30 September 2021

29th Sep 2021

From this date the Court Fees (Miscellaneous Amendments) Order 2021 is set to come into force increasing many civil Court fees by approximately 8% in line with inflation.

On the basis many services are switching to on line only, the proposed Court fee increases have been opposed by many including Resolution (the association of family lawyers), particularly following complaints the Court Service’s current level of service, including significant delays as a result of the Covid-19 pandemic, does not justify the increase. The Government’s justification of the proposed increased Court fees is ‘the income generated from these proposals will go towards the running costs of HMCTS and will ensure the courts and tribunals can continue to deliver access for all’.

The proposed increases in Court fees will add further cost for those who require the Court’s assistance to resolve matters. The Government has confirmed it will be increasing the threshold for eligibility with help with fees, although how many this will assist remains to be seen.

For family and matrimonial matters the result of the Order is as follows:

  • The fee for issuing a Divorce Petition/Civil Partnership Dissolution/Judicial Separation application will increase from £550 to £593
  • The fee for making an application under the Children Act will increase from £215 to £232
  • The fee for making a financial remedy application (dealing with the financial issues on divorce) will increase from £255 to £275

A full list of the increases to family and matrimonial Court fees can be found here – The Court Fees (Miscellaneous Amendments) Order 2021 (legislation.gov.uk)

If you have any questions in respect of this article, or if you would like to discuss separation, associated financial issues or children matters please do not hesitate to contact our Family team.

*This article is provided for general information purposes only and does not constitute legal or any other professional advice.