Court Fee Increases from April 2025
With effect from April 2025 the Ministry of Justice will implement increases to various court and tribunal fees including those related to family law proceedings. Family court fee increases are among the most significant changes, directly affecting those involved in divorce, child arrangements, and financial disputes.
These changes, 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 increases is to reflect changes in the Consumer Price Index (CPI) between March 2023 and March 2024. This ensures that court fees keep pace with rising operational costs. The additional revenue is expected to improve service delivery within HMCTS and reduce the financial burden on taxpayers.
Impact on Access to Justice
Given the current cost of living crisis these fee increases—along with 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. These options are often 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. The protocol encourages all parties to engage in NCDR before issuing court proceedings. Failing to do so may result in costs consequences.
Delays in the Court System
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 facing major backlogs, causing delays that significantly affect families and children seeking timely resolutions. The system is overwhelmed and underfunding has reduced judicial capacity, making delays worse. The COVID-19 pandemic disrupted court operations, creating a backlog the system still struggles to clear. Families are left in prolonged uncertainty, impacting their mental and emotional wellbeing—and increasing their 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 week 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.
The Benefits of Private FDR
Engaging in Private Financial Dispute Resolution (pFDR) offers a much faster alternative to the court-led process. pFDR sessions can be scheduled and concluded quickly. They allow parties to bypass court delays, enabling faster outcomes. These sessions are held in private settings, often lasting a full day, unlike the 90 minutes usually allotted in court. Participants can also choose experienced professionals, such as senior barristers or retired judges, to oversee the process and provide authoritative guidance.
While a pFDR may involve higher upfront fees, the overall process is usually more economical. It reduces the need for prolonged litigation and limits the legal costs over time. Both parties must agree to participate, making pFDR a collaborative form of dispute resolution.
Other NCDR Methods for Child Arrangements
NCDR methods such as mediation or arbitration can also resolve child arrangement disputes more quickly than court proceedings. While the timeline depends on the case’s complexity and the parties’ cooperation, these methods are generally more efficient. They can be scheduled at mutually convenient times, avoiding the delays of court scheduling. By reducing the number of sessions and shortening the duration, NCDR can also be more affordable than lengthy court battles. Family court fee increases further highlight the value of these alternative methods, especially for families trying to manage costs and avoid delays. It is disheartening that as of 2023, over 100,000 children were involved in delayed family court proceedings.
Summary of Key Court Fee Changes
- Divorce Applications: The fee for filing a divorce or dissolution application will increase from £593 to £612.
- Financial Remedy Orders: The cost to apply for a financial remedy order will increase 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 Order will increase from £255 to £263.
Contact Paradigm Family Law
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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 info@paradigmfamilylaw.co.uk.