Part of: Financial Settlement after Divorce
Form H and Form H1 are the court forms in financial remedy (divorce financial) proceedings that tell the judge what legal costs each side has run up, and what they expect to spend next. Form H is a short estimate that you file not less than one day before each interim hearing. These are the First Appointment, the Financial Dispute Resolution (FDR) appointment, and any other hearing along the way. The fuller statement of costs, Form H1, is due no less than 14 days before the final hearing (Family Procedure Rules 2010, rule 9.27). Both exist so the court can see, at every stage, how much of the disputed money goes on getting there. That is also why costs belong in any plan for a financial settlement after divorce.
This guide covers England and Wales only. It is general information about court procedure, not legal advice on your individual case.
Reviewed by: Iblal Iqbal, Partner & Family Law Strategist, Kabir Family Law
Key takeaways
- Form H is a brief costs estimate. You file it not less than one day before every hearing or appointment (Family Procedure Rules 2010, rule 9.27(1)).
- Form H1 is the detailed statement of costs, due not less than 14 days before the final hearing, under FPR 9.27(4).
- Neither form asks the court to make a costs order on its own. That only happens if a party’s conduct meets the test in FPR 28.3. The forms exist to keep costs visible, not to punish anyone by default.
- A late estimate doesn’t end the case. The court records the failure and directs you to file within three days or another set period (FPR 9.27(8)).
- A related but separate form, N260, only applies where summary assessment of a costs order would be appropriate. It isn’t part of routine financial remedy case management.
What are Form H and Form H1?
Both forms answer the same underlying question: “what has this case cost so far, and what will it cost to finish?” However, they apply at different points and carry different levels of detail.
The estimate of costs for a financial remedy hearing, sometimes called the “H form”, is a short form. It records:
- The costs each party has already incurred in the proceedings.
- Before the First Appointment and FDR, your expected costs up to the next stage, if the case doesn’t settle there.
- A confirmation that you served the figures on the other party and, if you have a legal adviser, that they discussed them with you.
Under FPR 9.27(1), each party must file and serve it not less than one day before every hearing or appointment. It is not a one-off document.
The statement of costs (financial remedy) is longer. It sets out full particulars of every cost incurred and every cost still expected, in more detail than the estimate. That way, the judge at the final hearing can see the complete costs picture before deciding the outcome. Under FPR 9.27(4), you file it with the court and serve it on the other party not less than 14 days before the final hearing. The court can direct otherwise.
The two costs forms at a glance
| Form H | Form H1 | |
|---|---|---|
| Used at | First Appointment, FDR, and other interim hearings | Final hearing only |
| Level of detail | Brief estimate | Full particulars of costs incurred and expected |
| Filing point | Not less than one day before each hearing | Not less than 14 days before the final hearing |
| Governing rule | FPR 9.27(1) to (3) | FPR 9.27(4) |
Why does the court want this information?
Financial remedy proceedings divide a finite pot: the home, pensions, savings, income. Every pound spent on legal costs is, in practical terms, a pound the parties can’t divide between them. Requiring both sides to disclose costs at every stage lets the judge factor that spending into case management. It also feeds into the final order itself (FPR 9.27(4)).
The starting point under FPR 28.3(5) is that the court will not make one party pay the other’s costs in a financial remedy case. The court only makes a costs order where it considers one appropriate because of a party’s conduct. For example, Practice Direction 28A, paragraph 4.4 says the court will generally treat refusing openly to negotiate reasonably and responsibly as such conduct. Our guide to the costs of unreasonable conduct explains more. The costs forms are the evidence the court would look at if conduct-based costs became an issue. But filing them doesn’t itself trigger a costs order.
When do you need to file Form H?
You need to file and serve a costs estimate not less than one day before:
- The First Appointment, the first hearing in financial remedy proceedings. It comes after both sides exchange Form E financial disclosure, at least 35 days before (FPR 9.14(1)). See our Form E guide and first family court hearing guide for what happens at that stage.
- The Financial Dispute Resolution (FDR) appointment, the settlement hearing that follows.
- Any further interim hearing the case requires.
FPR 9.27(1) sets that one-day deadline so the judge can actually consider the figures, rather than receive them on the day. Before the First Appointment and the FDR, rule 9.27(2) and (3) add a forward estimate to the next stage. Rule 9.27(6) then says each party must bring a copy to the hearing.
When do you need to file Form H1?
Form H1 has a fixed deadline: not less than 14 days before the date fixed for the final hearing (FPR 9.27(4)), unless the court has directed otherwise. Miss it, and the court records that failure in its order. It then directs you to file within three days or another period it sets (FPR 9.27(8)).
How do you complete Form H and H1?
Both forms ask for broadly the same building blocks, at different levels of depth. This list orients you; it is not a substitute for advice on your own figures.
- Costs incurred to date: fees, disbursements and any other costs run up in the case so far.
- Costs still expected: the estimate before a First Appointment or FDR covers costs to the next stage. Form H1 sets out all costs expected in the proceedings.
- Confirmation: that you served the figures on the other party and, if you have a legal adviser, that they discussed them with you (FPR 9.27(5)).
- Statement of truth: Practice Direction 9A makes provision for one, so you sign the figures as accurate.
Because a judge can read these figures alongside conduct arguments under FPR 28.3, accuracy matters. The court records the amount of each estimate in a recital to the order (FPR 9.27(7)). A costs estimate that turns out to be wrong at the final hearing is a poor position to be in. If your case involves any dispute about legal costs more broadly, our guide to family law costs explains costs orders and assessment in more detail.
When do you need an N260 statement of costs?
N260 is not a family court form. It’s the civil procedure statement of costs for cases where the court is going to summarily assess costs. In financial remedy proceedings, Practice Direction 28A, paragraph 4.5 confirms the link. Where summary assessment of costs awarded under FPR 28.3 would be appropriate, parties are under an obligation to file a statement of costs on CPR Form N260.
In practice, the N260 form only becomes relevant once a costs order is in play because of one party’s conduct. The same paragraph says a party seeking a costs order should ordinarily make this plain in open correspondence or skeleton arguments before the hearing. N260 isn’t part of routine case management the way Form H and Form H1 are. Many financial remedy cases will never need it.
What happens if a costs estimate is late or missing?
Missing a costs estimate doesn’t collapse a case, but it does create a problem on the day. The judge can’t manage costs they can’t see. Under FPR 9.27(8), the court deals with a missed estimate or statement by:
- Recording the failure in a recital to the order made at that hearing, and
- Directing you to file and serve the missing form within three days of the hearing, or another period it sets.
A court deciding whether a costs order is appropriate can also weigh persistent failure to disclose costs, under FPR 28.3(7)(a). That’s another reason to treat these forms as routine, not optional.
Frequently asked questions
What is the difference between Form H and Form H1?
Form H is a brief costs estimate, due not less than one day before every hearing or appointment (First Appointment, FDR, and other interim hearings). Form H1 is the fuller statement of costs, due not less than 14 days before the final hearing. It goes into more detail because it’s what the court reads when reaching the final outcome.
When is Form H1 due before a financial remedy final hearing?
Not less than 14 days before the date fixed for the final hearing, under FPR 9.27(4), unless the court directs a different timetable.
Is Form N260 the same as Form H?
No. Form N260 is a civil procedure statement of costs. It only applies where summary assessment of costs awarded under FPR 28.3 would be appropriate, per PD28A paragraph 4.5. The routine financial remedy costs forms are the estimates you file before each hearing and the statement you file before the final hearing. Many cases involve those without ever needing N260.
Does filing a costs estimate mean I’ll have to pay the other side’s costs?
No. Filing a costs estimate is a routine disclosure requirement, not a request for a costs order. Under FPR 28.3(5), the general rule in financial remedy proceedings is that the court will not order one party to pay the other’s costs. The court only makes a costs order where it considers one appropriate because of a party’s conduct.
What happens if I forget to file my costs estimate before my First Appointment or FDR?
The court records the failure in a recital to the order. It then directs you to file and serve the estimate within three days, or another period it sets (FPR 9.27(8)). Persistent failures can become relevant if someone later argues for conduct-based costs under FPR 28.3.
Where can I get Form H and Form H1?
HM Courts & Tribunals Service publishes both on GOV.UK, as the estimate of costs and the statement of costs for financial remedy proceedings. Download the current version each time, rather than reusing an old copy from an earlier case.
Costs form due before your next hearing? Get the costs picture right first
A costs estimate that’s late, incomplete, or doesn’t add up in front of a judge doesn’t just look untidy. At the final hearing, it can feed directly into an argument about your conduct in the case. Is a costs estimate due in your case, or are you not sure whether N260 applies? Book a free initial consultation, where one of our specialists gives you initial advice tailored to your circumstances. You can also read how costs fit into a financial settlement after divorce.
Expert Tip
Clients commonly ask us whether they can tidy up a costs estimate later. In practice they can’t, because the court records the amount in a recital to that day’s order. An optimistic figure then follows the case all the way to the final hearing. So give the court a realistic number every time. If the shape of the case changes, say so early, and your next estimate will move for a clear reason.
Garry Steedman, Family Law Consultant (Divorce, Children & TOLATA)
