If you require the courts assistance with a family matter then there is usually a court fee to issue that application. Please note that there is no fee payable to issue an application for a Non Molestation Order or Occupation Order.
The court application fees are completely separate from your legal fees and therefore they will need to be paid upon issuing your application irrelevant of whether you have instructed a solicitor to represent you or you are representing yourself.
The current court applications fees (as of January 2024) are as follows:-
- Children act application – £232
- Applying to amend or discharge a child arrangements or enforce a breach of such order – £102
- Filing an application for divorce, nullity or dissolution of a civil partnership – £593
- Application for financial proceedings, without a consent order – £275
- Application for financial order with a consent order – £53
For a full list of fees you can find more information on Form EX50
Family court fees (EX50) – GOV.UK (www.gov.uk)
Depending on your level of income, savings and capital you may be able to receive some financial assistance or exemption. You can complete EX160 in order for your eligibility to be considered. If you have already paid the court fees you can request this be reassessed up to 3 months after the payment has been made and on the basis you would have been eligible at the time you made the payment.
What will the court consider?
- Savings – please note if you are living with someone theirs must be included too. The amount also depends of the cost of the court application. On the basis that most family law applications are under £1420 then if you and your pattern are under 65 then you can have up to £4250 in savings a,d be eligible. If you are over 65 then you can have up to £16000 in savings no matter what the court fee is.
- Benefits – You can receive assistance towards your court fee if you claim one of the following;-
– Income based Job seekers allowance (JSA)
– Income related employment and support allowance (ESA)
– Income support
– Universal credit ( if you earn less than £6000 a year)
– Pension Credit
- Income – this is the total of all income you receive before tax: you will need to provide proof with either the last month’s pay slip or show an average of the previous 3 months.
You can receive money off if you are single and your monthly income is less than £1420 or if you have a partner then the joint income must be less than £2130; extra allowance given if you have children. Children age 0 -13 is £425 per child; Children age 14 upwards is £710 per child. You must also satisfy the capital criteria in respect of your savings.
- If you need to make several applications then you must complete the form EX160 for each application fee
For help with fees and further guidance you can refer to the government website and form EX160.
Get help paying court and tribunal fees – GOV.UK (www.gov.uk)
Issuing proceedings or in fact responding to a court application is extremely stressful and many find themselves unable to afford a solicitor to represent them. Legal Aid is available in certain circumstances in respect of legal costs and you should look into whether you would be eligible.
If you are facing not only the costs but the stress of family proceedings on your own then please contact us. We offer affordable supportive family law assistance. We will work with you every step of the way to help you feel that your voice is being heard.
Contact us by sending an email to info@fl-ps.co.uk