Court fees are due to rise in May 2024 by approximately 10%, affecting those who wish to make an application to the Family Court. This article will explain why an increase has been decided and how you may be impacted by this.
Why are Court fees increasing?
His Majesty’s Courts and Tribunals Service, or HMCTS, is the administrative body responsible for all the courts in England and Wales. The head of HMCTS is the Lord Chancellor who is tasked with ensuring courts have the resources they need. Court fees assist with the cost of running and staffing courts but as court fees have not been increased since 2021, a shortfall has arisen.
The shortfall is currently being met by the taxpayer but it has been decided court fees should increase to ensure it is those using the court resources who contribute to the associated cost.
The government have stressed the importance of HMCTS being properly funded ‘to maintain the courts and tribunals system while also reducing the cost to the taxpayer’.
Who decided there should be an increase?
The Ministry of Justice deal with any increase in court fees by putting forward a proposal. This proposal is then considered as part of a ‘consultation paper’ to see what the public and professionals think of the idea. In this circumstance, various councils, solicitors and law societies were asked for their view.
How much will fees increase?
On the whole, fees are set to increase by 10%. The government recognised the ongoing cost of living crisis and determined that 10% would be reasonable in the circumstances.
What does it mean for me?
As before, court fees depend on the application you wish to make.
If you would like to make an application for a Child Arrangements Order, usually to determine who a child will live or spend time with, the fee will increase from £232 to £255.
The fee to make an application regarding financial matters will increase from £275 to £303.
If an application is made by consent, the fee will increase from £53 to £58.
The fee to apply for a divorce was due to rise but the government have acknowledged that £593 is already an enhanced fee so an increase would not be proportionate at this time.
At E J Coombs we will always make you aware when a court fee is payable in accordance with our terms and conditions. If you are considering a court application and would like to speak with us for advice, please contact us or call now.
