Family court fees are the charges payable to HM Courts and Tribunals Service for issuing applications and taking other steps in the Family Court and the Family Division of the High Court in England and Wales. Family court fees are set by the Lord Chancellor in the Family Proceedings Fees Order 2008, as amended, and published by HMCTS in leaflet EX50.[1][2] As at 13 July 2026 the main fees are £628 to apply for a divorce, dissolution or nullity, £270 for an application under the Children Act 1989 such as a child arrangements order, £321 for a contested financial order, £62 for a financial order by consent and £2,580 for a local authority’s application for a care or supervision order.[2][3] There is no fee for an application for a non-molestation or occupation order.[2]
Most fees were increased in July 2026 by the Court and Tribunal Fees (Miscellaneous Amendments) Order 2026, which raised the divorce fee from £612 and the Children Act fee from £263.[3] People on qualifying benefits or with limited savings and income may have a fee remitted in full or in part under the Help with Fees scheme: as at August 2026 a single applicant with savings under £4,250 and monthly income under £1,420 (plus allowances for children) pays nothing, and partial help extends to incomes below £4,420.[4][5] Court fees are distinct from legal aid, which pays for legal advice and representation and is means-tested separately.[6]
Definition and purpose
A court fee is a statutory charge for a specific step in litigation: issuing an application, filing an appeal, obtaining copies or making a search. It is payable to HMCTS at the time the step is taken, and an application is not issued until the fee is paid or a Help with Fees application has been made.[2][5] Fees are the same whichever level of judge hears the case and wherever in England and Wales it is issued.[1]
Fees are one part of the cost of family proceedings. They do not include the cost of legal representation, expert reports, mediation, or the transcript of a judgment, and in family cases each party normally bears their own costs. Fee income is a significant part of HMCTS funding: in 2024-25 income of around £0.9 billion, largely from fees, offset operating expenditure of £2.744 billion.[7]
Legal basis
Family court fees are prescribed by the Family Proceedings Fees Order 2008, SI 2008/1054, made under section 92 of the Courts Act 2003 and in force from 1 May 2008. Article 2 provides that the fees in Schedule 1 are payable in family proceedings in the High Court and the family court; articles 3A to 3F list applications for which no fee is payable; article 4 and Schedule 2 provide for remission.[1] Schedule 1 groups fees under numbered headings: 1 (commencement of proceedings, including divorce), 2 (Children Act 1989 proceedings), 3 (adoption), 4 (warning notices), 5 (applications in existing proceedings), 6 (appeals), and 7 onwards for searches, copies, costs assessment and enforcement.[1] The Order has been amended many times; the most recent general increase was made by the Court and Tribunal Fees (Miscellaneous Amendments) Order 2026, SI 2026/642.[1][8]
The Lord Chancellor’s duty under section 1 of the Courts Act 2003 to provide “an efficient and effective system to support the carrying on of the business of” the courts is the context for fee-setting: fees are set so as to recover part of the cost of the courts from those who use them, with remission protecting access for those who cannot pay.[9][5] HMCTS publishes the current amounts in leaflet EX50, which is the practical reference for applicants and is updated whenever fees change; the family table was last updated on 13 July 2026.[2]
Current fees
The table below gives the principal family fees as listed in the July 2026 edition of EX50 and, for fees not itemised there, in Schedule 3 to SI 2026/642, which sets out the amounts in force from July 2026.[2][3] The fee numbers are those used in Schedule 1 to the 2008 Order.[1]
| Application | Fee number | Fee | Previous fee |
|---|---|---|---|
| Divorce, nullity or civil partnership dissolution application | 1.2 | £628 | £612[2][3] |
| Judicial separation application | 1.3 | £426 | £415[2][3] |
| Declaration as to marital status, parentage, legitimacy or overseas adoption | Part 1 | £426 | [2] |
| New application under the Children Act 1989: child arrangements, prohibited steps, specific issue or special guardianship order, or permission to apply (Form C100) | 2.1 | £270 | £263[2][3][10] |
| Enforcement order or compensation order for breach of a child arrangements order (Form C79) | 2.1 | £270 | £263[2][3] |
| Application to revoke, amend or extend an enforcement order, or following breach of one | 2.1(t) | £119 | £116[2][3] |
| Local authority application for a care or supervision order | 2.2 | £2,580 | £2,515[3] |
| Appeal notice under the Children Act 1989 | 2.3 to 2.4 | £251 | £245[2][3] |
| Adoption: application for permission or for an adoption order | 3.1, 3.3 | £212 | £207[2][3] |
| Placement order application | 3.2 | £570 | £556[2][3] |
| Application by consent or without notice within proceedings, including a financial consent order | 5.1 | £62 | £60[2][3] |
| Application on notice within proceedings where no other fee is specified (Form C2 and similar) | 5.3 | £195 | £190[2][3] |
| Application for a financial order other than by consent (Form A) | 5.4 | £321 | £313[2][3] |
| Appeal notice from a district judge or lay justices, other than under the Children Act 1989 | 6.1 | £146 | £142[2][3] |
| Search of the national central index of decrees and orders | 7.1 | £89 | £65[2][3] |
| Copy of a document, up to 10 pages | 8.1 | £14 | £11[2][3] |
The divorce fee is paid once, at the application stage, whether the application is sole or joint; there is no further fee for the conditional or final order.[11] GOV.UK states: “There’s a £628 fee to apply for a divorce.”[11] The fee is explained in the context of the divorce process on divorce fees. For a financial consent order made within divorce proceedings, EX50 lists the application “by consent for a financial order (fees order 5.1)” at £62 as at 13 July 2026.[2] The Children Act fee of £270 is confirmed by GOV.UK: “It costs £270 to apply for a court order.”[10]
An interactive court fee and Help with Fees checker covering the divorce, child arrangements, financial order and consent order fees, with the fees stated as correct as of July 2026, is published by Divorce Magpie, a site operated by Family Legal Ltd, the publisher of this wiki.[12]
Applications with no fee
No fee is payable for an application for a non-molestation order or an occupation order under Part IV of the Family Law Act 1996, made on Form FL401, nor for forced marriage protection order or female genital mutilation protection order proceedings, nor for a domestic abuse protection order.[2][13] Article 3F of the 2008 Order, inserted in 2026, adds that no fee is payable for a local authority application under section 10B of the Children Act 1989.[8]
Help with Fees
Help with Fees is the HMCTS remission scheme under Schedule 2 to the 2008 Order. It has two tests. First, a savings test: an applicant aged 65 or under may have up to £4,250 in savings and investments where the fee is £1,420 or less, up to three times the fee where the fee is between £1,421 and £5,000, and up to £16,000 where the fee is higher; an applicant aged 66 or over may have up to £16,000 whatever the fee.[4][5] Second, a benefits or income test: a person receiving income-based Jobseeker’s Allowance, income-related Employment and Support Allowance, Income Support, Universal Credit with earnings under £6,000 a year, or the guarantee credit element of Pension Credit pays nothing; otherwise a single person with gross monthly income of £1,420 or less, or a couple with £2,130 or less, “plus £425 for each child aged up to 13, and £710 for each child aged 14 or older”, pays nothing, and those earning more may receive partial help up to an upper limit of £4,420 for a single person or £5,130 for a couple, again plus child allowances.[4][5]
| Element | Rule (EX160A, August 2026) |
|---|---|
| Savings limit, applicant aged 65 or under | £4,250 where the fee is up to £1,420; three times the fee where the fee is £1,421 to £5,000; £16,000 where the fee is over £5,000[4] |
| Savings limit, applicant aged 66 or over | £16,000 whatever the fee[4] |
| Full remission on benefits | Income-based JSA, income-related ESA, Income Support, Universal Credit (earning under £6,000 a year), Pension Credit guarantee credit[4][5] |
| Full remission on income, single | Gross monthly income of £1,420 or less, plus £425 per child aged up to 13 and £710 per child aged 14 or over[4][5] |
| Full remission on income, couple | Gross monthly income of £2,130 or less, plus the same child allowances[4][5] |
| Partial remission | Available on incomes above the full-remission threshold up to £4,420 (single) or £5,130 (couple), plus child allowances; the contribution depends on income and the fee[4][14] |
| How to apply | Online when making the court application, producing a reference number to quote, or on paper Form EX160[5][15] |
| Refunds | A fee already paid may be refunded on application within three months if the applicant was eligible at the time[4] |
| Joint divorce applications | Both applicants must apply for Help with Fees[11] |
HMCTS publishes a calculator, EX160C, for estimating a contribution.[15] The savings thresholds published on the GOV.UK overview page differ slightly in their upper band from the EX160A guide; the guide, updated on 19 August 2026, is the more detailed statement and is followed here.[5][4]
Legal aid and court fees
Legal aid and Help with Fees are separate schemes: Help with Fees remits the court fee, while legal aid pays for advice and representation. Legal aid for a solicitor in private family law, however, is available only where the applicant passes the means test and also has evidence of domestic abuse or child protection concerns; legal aid for family mediation is means-tested only.[6] The means-test figures from 6 April 2026 are gross income of £2,657 a month, disposable income of £733 a month and capital of £8,000; the rule is on GOV.UK and a compiled table is published by Legal Aid 60, an information site operated by Family Legal Ltd, the publisher of this wiki.[6][16] A person who does not qualify for legal aid may still qualify for Help with Fees, because the two tests use different thresholds.[4][16]
Paying and refunds
Online applications are paid by debit or credit card at the point of submission; a person granted Help with Fees quotes the reference number instead of paying.[11][5] GOV.UK warns that the divorce fee “will not be refunded” once the application has been issued, and the same applies generally: a fee is for the issue of the application, not for its outcome, and is not returned if the case settles or is withdrawn.[11][2] A fee paid by someone who was eligible for Help with Fees can be reclaimed within three months.[4]
Fees compared with other costs
For most parties the court fee is a small part of the total cost of proceedings. In January to March 2026, 49 per cent of private law children disposals involved no legal representation on either side, and for those parties the £270 fee may be the only money paid to anyone.[17][2] Where lawyers are instructed, their fees are usually many times the court fee. The fee for a Children Act appeal, £251, is lower than the fee for the original application, and an appeal to the High Court carries a fee of £302 under the civil table.[2][18][19] Mediation costs and the £500 Family Mediation Voucher are covered on mediation costs.
Statistics
| Measure | Figure | Source |
|---|---|---|
| HMCTS income, largely fees | Around £0.9 billion | HMCTS annual report 2024-25[7] |
| HMCTS operating expenditure | £2.744 billion | HMCTS annual report 2024-25[7] |
| Divorce applications in the quarter | 28,632 | Family Court Statistics Quarterly, January to March 2026[17] |
| Private law children cases started | 15,534 | As above[17] |
| Financial remedy applications | 12,646, of which 73 per cent uncontested | As above[17] |
| Domestic violence remedy applications (no fee) | 9,322 | As above[17] |
| General increase in family fees, July 2026 | Around 2.5 to 3 per cent (divorce £612 to £628; Children Act £263 to £270) | SI 2026/642[3] |
History
| Date | Development |
|---|---|
| 1 May 2008 | Family Proceedings Fees Order 2008 in force, consolidating family fees in a single order under the Courts Act 2003[1] |
| 22 April 2014 | The single Family Court opened; the Order applies to the family court and the High Court[1] |
| 1 May 2024 | Fees increased by SI 2024/476[1] |
| 8 April 2025 | Fees increased by SI 2025/351[1] |
| July 2026 | Fees increased by the Court and Tribunal Fees (Miscellaneous Amendments) Order 2026, SI 2026/642, and article 3F added; EX50 updated 13 July 2026[8][3][2] |
| 19 August 2026 | EX160A Help with Fees guide updated[4] |
Criticism and debate
Court fees in family cases attract two recurring criticisms. The first is that fees for applications about children and for protection from abuse can deter people from seeking orders the law says they need; the response has been to remove fees for domestic abuse injunctions altogether and to keep the Children Act fee, at £270, well below the cost of a contested hearing, with Help with Fees for those who cannot pay.[2][5] The second is that the divorce fee of £628 exceeds the administrative cost of an online divorce and operates in part as a contribution to the general running of the courts, a position successive governments have defended on the basis that court users should contribute to the cost of the system.[11][7] The regular uprating of fees, most recently in July 2026, is made by statutory instrument and is not usually debated at length in Parliament.[8]
See also
- The Family Court
- HM Courts and Tribunals Service – collects the fees
- Form C100 – the £270 children application
- Form FL401 – no fee
- Appeals in family cases – appeal fees
- Financial remedy proceedings
- Litigant in person
- Divorce fees – the £628 fee in context
- Consent order – the £62 application
- Legal aid
- Mediation costs
References
- The Family Proceedings Fees Order 2008, SI 2008/1054 (as amended). legislation.gov.uk. Revised text up to date to 5 September 2026. Accessed 5 September 2026.
- Family court fees (EX50). HM Courts and Tribunals Service. updated 13 July 2026. Accessed 5 September 2026.
- The Court and Tribunal Fees (Miscellaneous Amendments) Order 2026, Schedule 3: revised family fees. legislation.gov.uk. Accessed 5 September 2026.
- How to apply for help with fees: EX160A. HM Courts and Tribunals Service. updated 19 August 2026. Accessed 5 September 2026.
- Get help paying court and tribunal fees. GOV.UK. Accessed 5 September 2026.
- Legal aid: what you can get legal aid for. GOV.UK. Accessed 5 September 2026.
- HM Courts and Tribunals Service Annual Report and Accounts 2024-25. HM Courts and Tribunals Service. July 2026. Accessed 5 September 2026.
- The Court and Tribunal Fees (Miscellaneous Amendments) Order 2026, SI 2026/642. legislation.gov.uk. Accessed 5 September 2026.
- Courts Act 2003, section 1: The general duty. legislation.gov.uk. Accessed 5 September 2026.
- Making child arrangements if you divorce or separate: apply for a court order. GOV.UK. Accessed 5 September 2026.
- Get a divorce: how to apply. GOV.UK. Accessed 5 September 2026.
- Court fee and Help with Fees checker. Divorce Magpie (Family Legal Ltd). Fees stated as correct as of July 2026. Accessed 5 September 2026.
- Family Law Act 1996, Part IV: Family homes and domestic violence. legislation.gov.uk. Accessed 5 September 2026.
- Get help paying court and tribunal fees: eligibility. GOV.UK. Accessed 5 September 2026.
- Apply for help with court and tribunal fees: Form EX160. HM Courts and Tribunals Service. updated 19 January 2026. Accessed 5 September 2026.
- Legal aid means test. Legal Aid 60 (Family Legal Ltd). Compiled from Legal Aid Agency keycard 62, figures from 6 April 2026. Accessed 5 September 2026.
- Family Court Statistics Quarterly, January to March 2026. Ministry of Justice. 25 June 2026. Accessed 5 September 2026.
- Civil court fees (EX50). HM Courts and Tribunals Service. updated 13 July 2026. Accessed 5 September 2026.
- Family Procedure Rules 2010, Part 30: Appeals. Ministry of Justice. Accessed 5 September 2026.
External links
- Family court fees (EX50) – official list, updated 13 July 2026
- Family Proceedings Fees Order 2008 – consolidated text
- Court and Tribunal Fees (Miscellaneous Amendments) Order 2026 – the July 2026 increases
- Get help paying court and tribunal fees
- How to apply for help with fees (EX160A)
This article is part of Family Court Wiki, published by Family Legal Ltd. It is general information about the law of England and Wales, not legal advice. Last reviewed 6 September 2026. About this site and editorial policy · Report an error.