Family Law Costs - What To Expect

Part of: Financial Settlement after Divorce

Our experience family law specialists provide a quick summary of family law costs for anyone dealing with divorce, children, or financial remedy proceedings in England & Wales. We understand these can be testing times and it is important to ensure you can make an informed decision when embarking on your legal journey.

• Unlike most civil proceedings, the general rule that costs follow the event does not usually apply in family proceedings-especially in children cases. Each party typically pays their own legal costs.
• A family court can still make a costs order where one party has acted unreasonably, such as ignoring court directions, making unfounded allegations, or causing unnecessary hearings. Costs orders in family law are rare and discretionary.
• Court fees (for example, a £612 divorce application fee) are separate from fees charged by a family lawyer or barrister.
• Some people may qualify for legal aid, mainly in cases involving domestic abuse or child protection. Others may reduce court fees through the “Help with Fees” scheme.

How Much Does Family Law Really Cost?

Family law costs in England & Wales cover court fees, legal assistance from a family lawyer or barrister, and other expenses such as expert reports or mediation. Typical family law costs range from thousands of pounds to over £30,000, depending on circumstances. Costs are influenced by case complexity and the level of contention between parties-contested cases are significantly more expensive than uncontested resolutions. Family law cases often involve significant costs when financial disputes, children matters, or domestic abuse are in play.

This article focuses on common situations: divorce or dissolution, child arrangements, financial remedy proceedings, and domestic abuse injunctions in the family court and High Court. You will learn about typical court fees, when a costs order might be made, funding options including legal aid, and ways to keep your money working for you rather than being consumed by the process.

General Principles On Costs In Family Proceedings

The Family Procedure Rules 2010 set out the general principles a district judge applies when deciding who should pay legal costs. The relevant costs provisions differ from standard civil litigation: the usual “costs follow the event” rule from the Civil Procedure Rules is generally misapplied in family proceedings.

In practice, this means each party usually pays their own legal fees in children applications and in the majority of financial cases. A court can depart from this general rule on family law costs only where there is clear evidence of unreasonable litigation conduct. Courts consider litigation conduct when determining costs orders, including:

• Failing to comply with court directions
• Refusing to negotiate reasonably or consider an open offer
• Making late or incomplete disclosure of a document or financial details
• Bringing obviously unmeritorious applications

Proportionality in legal costs is aimed to relate to the issues involved in a case. The court must give clear reasons when departing from the “each pays their own” approach.

Court Fees In Family Court, High Court And County Court

Court fees which form a part of your family law costs are set by statutory instruments and updated periodically. Most family court fees are the same across the family court, High Court and county court unless a fees order specifies otherwise. Court fees for filing documents can be substantial. Here are key examples:

An appeal notice for siblings incurs only one fee. Copy document requests incur specific fees per document beyond the initial ten pages. The application fee for enforcement is £270 for new proceedings but varies for applications within existing proceedings.

Some people may qualify for “Help with Fees” (fee remission) to reduce or waive these fees.

Costs Orders: When Can The Family Court Make One?

A costs order is a court order requiring one party to pay some or all of the other party’s legal family law costs. The court’s approach in family proceedings is cautious-seeking costs against the other side remains rare in most family cases.

In children disputes, costs orders are linked to serious unreasonable conduct: making unfounded allegations, unreasonably refusing mediation, or repeatedly breaching orders. High-conflict cases lead to increased total expenses due to more court hearings, but courts remain reluctant to penalise a person raising genuine welfare concerns about children.

In financial remedy proceedings, each party usually bears their own costs. The court can depart from this where one party has failed to provide disclosure, ignored court timetables, or rejected reasonable settlement offers. A costs order can cover a specific hearing, particular issues, or the whole proceedings. Summary assessment may occur at the end of a short hearing.

The fact that one party is legally aided does not automatically prevent the court from making a costs order against them. The decision turns on conduct and the best interests of justice.

Financial Remedy Proceedings And Costs

Financial remedy proceedings often involve significant legal costs because of disclosure, valuations, and multiple hearings. Complex financial disputes may require detailed forensic work, and expert witnesses can increase overall family law costs. Costs orders can reflect the impact of legal fees on asset distribution.

The typical stages under the Family Procedure Rules are: issue of Form A, First Appointment, Financial Dispute Resolution hearing, and final hearing if the case does not settle. At each stage, the court encourages parties to negotiate and make open proposals-deciding whether an agreement is achievable.

In Helliwell v Entwistle, costs of £75,000 were ordered against the husband after deliberate non-disclosure. In 2024, a husband was ordered to pay £75,000 in costs in that case, and the court awarded indemnity costs-reflecting conduct “well out of the norm.” Costs orders may also reflect a party’s excessive legal fees where they have inflated divorce settlements unnecessarily.

Children Cases: Costs In Child Arrangements And Related Applications

In private children cases-such as a child arrangements order, shared residence order, specific issue orders, or prohibited steps orders-the starting point is that there should be no costs order, whatever the outcome. The focus is on the child’s welfare, and courts avoid creating a risk that might increase tensions or deter the other parent from raising genuine concerns about contact.

A parent may pay costs for unreasonable behaviour in court, for example pursuing hopeless applications, making serious but unproven allegations without evidence, or causing unnecessary fact finding hearing sessions. Costs can also be ordered following an appeal without merit.

Before making any order, the judge will weigh all the circumstances: conduct, ability to pay, financial loss, and the impact on the children.

Legal Aid, The Legal Aid Agency And Other Funding Options

Since major changes under LASPO in 2013, legal aid in family law is much more limited. Legal aid may be available for individuals with limited financial means in relation to:

• Domestic abuse injunctions
• Care proceedings
• Some private children cases with evidence of abuse
• Mediation in certain circumstances

The Legal Aid Agency assesses both financial eligibility and merits. Only family law specialists and mediators with a legal aid contract can submit applications on a client’s behalf. Legal aid can cover some or all legal costs and court fees, though in successful money cases the client may have to repay under the statutory charge.

Where legal aid is not available, alternatives include fixed-fee legal services, hourly rate agreements, or specialist family law litigation loans.

Help With Court Fees And Managing Overall Costs

Even without legal aid, you may reduce family law costs through the “Help with Fees” scheme if your income and capital fall below certain thresholds. Practical steps for managing costs include:

• Narrowing the issues in dispute
• Using mediation where safe-mediation is generally faster and less expensive than litigation
• Complying promptly with court directions and providing notice of any delays
• Asking your family lawyer for clear cost estimates at each stage

Prepare documents and chronologies in advance, use email rather than lengthy phone calls, and agree standard information (school or medical details) with your ex partner without court involvement where possible.

How Family Law Costs Are Calculated By Professionals

Family lawyers and barristers typically charge either fixed fees or hourly rates billed in six-minute increments. Hourly rates for family lawyers can range from £150 to over £500 per hour. How much work is required depends on case complexity.

Fixed fees are typically available for straightforward uncontested divorces or drafting a consent order. For contested matters, costs evolve as the case develops and the other side’s position becomes clear. Family lawyer and barrister fees are often charged hourly for complex cases.

Detailed estimates of family law costs should be provided by your family law specialist throughout the process. 

Detailed Assessment And Challenging A Costs Order

Where parties cannot agree the amount payable under a costs order, the court can carry out a detailed assessment-a formal consideration of whether the claimed costs are reasonable and proportionate.

Summary assessment is usually done at the end of a short hearing. Detailed assessment is a separate, more formal process for larger or disputed bills. Fees for applying vary depending on the amount claimed.

A party who believes a costs order is unfair may apply to vary or appeal it, but strict time limits apply. Prompt legal assistance from a family law specialist is essential in these circumstances.

Contact Kabir Family Law Today For Your Free Initial Consultation

If you are looking to commence legal action in relation to a family law matter and do not know where to start or you are concerned about family law costs then contact us today to discuss your options. Contact us on 0330 094 5880 to arrange your free, no‑obligation consultation or book a time that suits you using our online appointment system.   Our family lawyers in Nottingham as well across York, Newcastle, Coventry, Cardiff, Manchester, Northampton, Oxford & London work around the clock and will be able to provide you with the advice and you need at a time to suit your needs.

FAQ: family law costs in England & Wales

Will I have to pay my ex-partner’s legal costs in family court?

In most family proceedings, each party normally pays their own legal costs regardless of outcome. A costs order requiring one party to pay the other side’s costs is only likely where there has been unreasonable conduct. Ask your family lawyer at the outset about the risk in your particular case, as it varies between children, financial, and domestic abuse proceedings.

How much does a typical divorce cost?

Family law costs for divorce applications can include a £628 court filing fee. An uncontested divorce with no financial or children disputes can often be dealt with for a fixed fee. Contested financial remedy proceedings can cost significantly more-sometimes well over £30,000 per person-due to multiple hearings and expert evidence. Always ask for a written costs estimate and details of what support is included.

What happens if I represent myself – will it save money?

Acting as a litigant in person can save professional fees but may increase the time, stress, and risk of mistakes in complex proceedings. Even if you cannot afford full legal assistance, consider limited-scope help: a one-off advice session, help drafting key documents, or legal assistance just for a final hearing. The court must treat litigants in person fairly but cannot give legal advice. Although family law costs can keep increasing you may find it easier navigating the process if you obtain legal advice or assistance.

Can I challenge the amount of costs claimed against me?

If a costs order has been made and you cannot reach agreement on the amount, you can participate in a detailed assessment process to challenge items that are unreasonable or disproportionate. There are strict deadlines for serving and responding to a bill of costs-missing these can seriously limit your ability to contest the claim. Seek prompt advice from a family law specialist familiar with these procedures.