Family Court fees for divorce and child arrangements to increase in April 2025

AuthorTina Day

His Majesty’s Courts and Tribunals Service (HMCTS) has announced an increase to Court fees, subject to parliamentary approval, which will be applicable from 1 April 2025. While this will impact many areas, it includes the required fees for any couple seeking to make a divorce application or a Child Arrangements application. Tina Day, Senior Associate in our Family Law department, explains more about the increase in the fees, who it will impact and the alternatives to Court proceedings.

What are the changes to the Family Court fees?

The change in Court fees will see increases across the board in fees payable in Family Proceedings. Most notably:

The divorce application fee will increase to £612
The fee to commence a Child Arrangements application will increase to £263
The application for a financial settlement relating to divorce is increasing to £313

The changes follow a consultation paper, “Implementing increases to selected Court and Tribunal Fees” which was published in November 2023. HMCTS is responsible for the administration of the Courts and tribunals across England and Wales, and the fees are a crucial part of the funding model for the service. Since the last increases in 2021, the cost of subsidising these services has increased, meaning that in the following year, the income from fees was less than half of its running costs with the shortfall being subsidised by the taxpayer. HMCTS are now in the position that they are only able to sustain their funding model with the increase in fees.

Who is exempt from paying Court fees?

While the Court fees will be increasing, you will still be able to make applications for exemption or fee remission should you be on income-based jobseeker’s allowance or universal credit.

What steps should be taken by those considering Court proceedings?

For anyone who is currently considering making an application for divorce or arrangements for your children following a separation, we would recommend you submit your applications prior to 1 April to avoid the increase in fees.

What is the divorce process?

For couples wishing to divorce, the application process has become much more streamlined via an online system. To file for divorce, the following steps apply:

You can apply for a divorce either by yourself or together as a couple.
If you are filing alone, you have 28 days to let your spouse know via email and post.
Once submitted, your application will be given a case number, which is sent to your spouse by email if their address is provided, or by post otherwise.
Your spouse will need to fill out an Acknowledgement of Service form and send it back to the Court.
If they do not cooperate, you might need to arrange personal delivery of the documents.
Once the sealed Acknowledgement is returned to you, and after there has been a 20-week cooling off period, you can apply for a Conditional Order (previously known as a Decree Nisi).
After the Conditional Order has been granted, you will wait six weeks and a day before you apply for the Final Order (previously known as the Decree Absolute).

We would recommend that you agree financial arrangements with a Consent Order before finalising the divorce, as the Final Order will not settle financial claims.

What is Non Court Dispute Resolution?

While couples cannot avoid the divorce application fee, for parents who are struggling to reach agreement about their children or finances, there is an alternative to the costly and time-consuming route of Court, which should be seen as a last resort. When considering the costs involved in going through Court, it is important to note that the application fees mentioned are only a small part of the overall cost involved in pursuing Court proceedings.

Even with the proposed increase in fees, the Court service is overwhelmed and under-resourced. There are currently significant delays in the Court system, with the possibility of long awaited hearings being postponed at the last moment due to lack of appropriate Court representatives. Non Court Dispute Resolution provides couples with alternative ways of resolving disputes quickly and cost effectively. There are various methods of NCDR, including:

Family Mediation
Collaborative Law
Resolution Together
Early Neutral Evaluation

If you are considering divorce or you are seeking support with arrangements for your children or finances, you can contact Tina or a member of the Family Law team to discuss your next steps. We can advise as to the most suitable route for your family and circumstances. Contact us today using the phone numbers below, emailing info@parkerbullen.com or using our Contact Form.