With effect from April 2025 the Ministry of Justice will implement increases to various court and tribunal fees, including those pertaining to family law proceedings.
These adjustments, subject to parliamentary approval, aim to align fees with inflation and support the efficient operation of His Majesty’s Courts and Tribunals Service (HMCTS). The rationale behind these increases is that these fee adjustments are designed to reflect changes in the Consumer Price Index (CPI) between March 2023 and March 2024, ensuring that court fees keep pace with rising operational costs. The additional revenue generated is intended to contribute to improving service delivery within HMCTS and reducing the financial burden on taxpayers.
Given the current cost of living crisis these fee increases, and the cost of legal services in general, might deter some individuals from pursuing court proceedings. This scenario underscores the importance of considering Non-Court Dispute Resolution (NCDR) methods, such as early neutral evaluation, private financial dispute resolution hearings (pFDR), mediation or arbitration, which can be more cost-effective and less adversarial than traditional court proceedings. In line with this the Family Court released a pre-action protocol in April 2024, which they expect all parties to adhere to, in respect of engaging in NCDR before seeking to issue court proceedings and a failure to do so may well result in costs consequences.
A further reason for many people to consider NCDR is the opportunity to bring matters to a conclusion more swiftly. The family courts in England are currently grappling with significant backlogs leading to delays that profoundly affect families and children seeking timely resolutions. The court system is currently overwhelmed, underfunding has led to insufficient judicial capacity exacerbating delays, the COVID-19 pandemic disrupted court operations and led to a backlog that the system is still struggling to address. Families are enduring prolonged periods of uncertainty, impacting mental and emotional well-being as well as increased legal costs.
Prior to the COVID-19 pandemic, the average timeframe from issuing a financial remedy application to the court-based Financial Dispute Resolution (FDR) hearing was approximately 55 weeks, extending to 84 weeks if a final hearing was necessary. Notably, regional disparities existed, with cases in London averaging over three years to reach a final hearing.
Engaging in Private Financial Dispute Resolution (pFDR) offers a significantly expedited alternative to the traditional court-led Financial Dispute Resolution (FDR) process. pFDR sessions can be scheduled and concluded much more swiftly as they allow parties to bypass court backlogs, facilitating quicker scheduling and resolution, they are conducted in private settings allowing a whole day rather than the usual 90 minutes within court proceedings and the parties can select experienced professionals, such as senior barristers or retired judges, to oversee the process ensuring informed and authoritative guidance. While a pFDR may involve higher upfront costs due to professional fees, the expedited process can lead to overall cost savings by reducing prolonged legal expenses. Both parties must consent to participate in pFDR, necessitating a collaborative approach to dispute resolution.
Similarly, NCDR methods, such as mediation or arbitration, can significantly expedite the resolution of child arrangement disputes compared to traditional court proceedings. While the exact timeframe would depend on the complexity of the issues and the willingness of parties to cooperate, these methods generally offer a more efficient alternative to traditional court cases which can be lengthy not least due to court availability for the scheduling of hearings. NCDR sessions can be scheduled at mutually convenient times, avoiding court scheduling delays and, as such, by potentially reducing the number of sessions and the overall duration, NCDR can be more economical than prolonged court battles. It is disheartening that as of 2023, over 100,000 children were involved in delayed family court proceedings.
The key changes in Family Court application fees are:
- Divorce Applications: The fee for filing a divorce or dissolution application will rise from £593 to £612.
- Financial Remedy Orders: The cost to apply for a financial remedy order will go up from £303 to £313. For applications made by consent, the fee will increase from £58 to £60.
- Children Act Applications: Applications under the Children Act 1989, such as Child Arrangements Orders, will see an increase from £255 to £263.
Contact
Paradigm Family Law have a team of experienced and highly recommended family lawyers to help guide you through the process, just waiting to hear from you.
If you would like more details on this or want to discuss your family law matter, please do not hesitate to contact Frank or Evelyn. Paradigm Family Law offers a free initial consultation with a top-rated family lawyer and our fixed fee solutions cover financial or children proceedings from start to finish. You can call us on 01904 217225 or email us at [email protected].