The Ministry of Justice in England & Wales have recently implemented increases in court fees, including for family proceedings.
Court fee increases – key changes
The full guidance can be found here. Key changes include:
- Divorce applications – the court fee to file a divorce application has increase from £593 to £612.
- Financial remedy proceedings – the court fee to start financial remedy proceedings (known as a form A application) has increased from £303 to £313.
- Consent orders – the court fee to file a financial consent order has increased from £58 to £60.
- Applications under the Children Act 1989 – the court fee for such applications has increased from £255 to £263.
The increases are intended to reflect changes in the Consumer Prices Index and aim to improve efficiencies within HMCTS (His Majesty’s Courts and Tribunal Service). Any such improvements will certainly not be felt immediately, but the objective is to be welcomed and should reassure practitioners that change is on the horizon.
Non-court dispute resolution as an alternative
It is no secret that the court process is slow, stressful and expensive. As such, families would be well advised to consider forms of non-court dispute resolution in an effort to resolve their issues, before resorting to court proceedings.
The following non-court dispute resolution methods are commonly used in family matters:
- Mediation – involves sitting down with a mediator in an attempt to resolve the issues and reach an agreement. There are numerous types of mediation, so you can choose the best option to suit you and your situation, including:
- Traditional mediation – where both parties attend mediation by themselves and sit with the mediator together.
- Solicitor supported mediation – where both parties attend with their solicitors. Read more here.
- Shuttle mediation – where the parties sit in separate rooms, with the mediator shuttling back and forth between them.
- Child inclusive mediation – where children are involved in the mediation process and given an opportunity to express their views and feelings.
- Private FDR (financial matters only) – a financial dispute resolution hearing carried out in private. It involves appointing a private judge to hear submissions from both sides and to then give an indication as to what decision they would impose on the parties if they were the final hearing judge. The parties are then encouraged to try to reach a negotiated settlement with the benefit of that indication. Read more here.
- Collaborative law – a series of four way meetings between the parties and their respective solicitors where they commit to working through the issues without going to court. Read more here.
- Resolution together – a new option for divorcing couples, where both parties work with and receive advice from the same solicitor, with a view to reaching an agreement outside of court. It is suitable for parties who are amicable and committed to achieving a fair settlement. Read more on this here.
- Arbitration – similar to a final hearing in the court process, but carried out in private. A qualified arbitrator (with specific expertise in family law) will make a decision after hearing evidence from both sides. The decision of the arbitrator will be legal binding. This is more expensive that other forms of NCDR, but has the added benefit of certainty as the parties know that an outcome will be reached which is binding by the end of the process. Read more here.
If you wish to discuss alternatives to court for settling family disputes, please get in touch with our Family Law team who will be happy to help.