Following a consultation period, 172 court fees are set to rise, with the change being effected by a statutory instrument in summer 2024. 

Thankfully, the Government has agreed that as the underlying service has been simplified via digitisation and that no-fault divorce has been introduced, an increase to the divorce application fee would not be proportionate at this time. The fee for submitting a divorce application will remain at its current value of £593. 

However, there are increases relevant to family law. These are as follows: 

• Application for a child arrangements order (including specific issues and prohibited steps) - from £232 to £255.
• Application for a financial order from £275 to £303.
• Application (without notice) from £53 to £58.
• Application (on notice) (unless otherwise stated) from £167 to £184.

It is pleasing to note that applications for protective orders i.e. non-molestation orders and occupation orders continue to attract no court fee. 

In response to the consultation, there was a wide variety of responses - some agreed with the proposed increases and some disagreed. Of those who disagreed, ‘many were concerned that fee increases of this level would impede access to justice for the most vulnerable given increases to the cost of living’. However, the court offers a Help with Fees scheme that could see an applicant eligible for a full or partial fee remission depending on their financial circumstances. 

Additionally, ‘some respondents also felt that fee increases could not be justified as they believe that the quality of service provided by HMCTS does not offer value for money, stating court backlogs as one example. However, those who agreed think that it is fair to increase fees given rising costs, stating that extra funding for HMCTS is necessary and could help improve the quality of service’. 

I appreciate the arguments on both sides in this respect, with many families inevitably being affected by the delays being experienced by the courts currently. I therefore hope that this fee increase assists and improves the quality of service.