Trainee family solicitor, Nina Walklett, takes a look at the increase in court fees being implemented, and specifically, the court fees for family court.
On 10 November 2023 the Ministry of Justice published a closed consultation concerning the increases to selected Court and Tribunal Fees. As a result of the consultation, 170 Court and Tribunal fees are set to increase by 10% on 22 April 2024, including a number of family court fees. His Majesty’s Courts and Tribunals Service (HMCTS) expects the increase to further generate between £34 million and £42 million a year.
Amongst the 67 family court fees set to increase are the following:
| Application | Current Fee | New fee (April 2024) |
| Child Arrangements Applications | £232 | £255 |
| Application by Consent | £53 | £58 |
| Application within Proceedings | £167 | £183 |
| Application within Proceedings | £275 | £303 |
Divorce application fees were set to increase from £593 to £652. However, the Ministry of Justice have announced a U-turn after consultation respondents raised concerns that the higher fees ‘could force couples to remain in unhappy or abusive relationships’.
The forthcoming increase is set to be the first since 2021 and The Ministry of Justice maintain that the rationale behind the increase ‘creates a fair balance between more closely aligning user contributions to growing HMCTS costs and recognising the ongoing financial pressures to households as a result of increases to the cost of living.’ The additional funding is set to go directly towards improving service delivery.
For those with lower incomes or in receipt of state benefits, the ‘Help With Fees’ service will still be available. However, for those who are not eligible there is a concern that increasing the court fees will prevent many from making necessary family court applications.
The fee increase serves as a reminder the importance of parties avoiding court and enlisting the help of a family law solicitor to resolve disputes as this can often prove more cost effective. Holmes & Hills offer a range of fixed-fee family law advice services, including providing an initial fixed-fee appointment to discuss your circumstances and provide initial advice which helps keep you in control of your legal costs.
Call us on 01206 593933 today to speak with one of our family law team. Or complete the form below.
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