The Family Proceedings Fees Order 2008

[^key-c9ef6a3828c080e00f7337eabeb6ceef]: Words in Sch. 1 substituted (6.4.2022) by The Family Proceedings Fees (Amendment) Order 2022 (S.I. 2022/54), arts. 1(2), 3(3)(a) (with art. 2); S.I. 2022/283, reg. 2

[^key-caed0f0f012f12286d84dbb38a5395fa]: Word in Sch. 2 para. 1(1) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) (Secondary Legislation) Regulations 2016 (S.I. 2016/211), reg. 1(2), Sch. 3 para. 193(b)

[^key-cbd5feba385fbf4b9c3f726836b6f4a5]: Words in Sch. 2 para. 6 substituted (27.11.2023) by The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 2(1)(6) (with art. 6)

[^key-cd115b9e57ab095501aebad0a919d588]: Words in Sch. 1 omitted (1.5.2024) by virtue of The Court and Tribunal Fees (Miscellaneous Amendments) Order 2024 (S.I. 2024/476), arts. 1(1), 7(5)(b)

[^key-d226207f2a61944a0ff8a492b66583f9]: Word in art. 3A omitted (1.5.2024) by virtue of The Court and Tribunal Fees (Miscellaneous Amendments) Order 2024 (S.I. 2024/476), arts. 1(1), 7(3)(a)

[^key-d2300aa004c914016e9a9c0509a2841c]: Art. 3E inserted (8.4.2025) by virtue of The Court and Tribunal Fees (Miscellaneous Amendments) Order 2025 (S.I. 2025/351), arts. 1(1), 7(2)

[^key-d55e4341e1f74e3d75b2d2f1b9dda79e]: Words in Sch. 1 inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) (Secondary Legislation) Regulations 2016 (S.I. 2016/211), reg. 1(2), Sch. 3 para. 104(6)

[^key-d5fa2517fac75037e00de467b225103d]: Words in Sch. 1 inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) (Secondary Legislation) Regulations 2016 (S.I. 2016/211), reg. 1(2), Sch. 3 para. 104(10)

[^key-d710c77632610b43709f93a1610cef54]: Sch. 2 para. 7 substituted (27.11.2023) by The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 2(1)(7) (with art. 6)

[^key-d84bb6a8faf14debe96da3be0334cf69]: Words in Sch. 1 inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) (Secondary Legislation) Regulations 2016 (S.I. 2016/211), reg. 1(2), Sch. 3 para. 104(4)

[^key-d955c7f553e8869a28727d413ef53171]: Words in Sch. 1 inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) (Secondary Legislation) Regulations 2016 (S.I. 2016/211), reg. 1(2), Sch. 3 para. 104(3)

[^key-d9f93fe0a5e0465562dc87d61503cf53]: Words in Sch. 2 para. 1(1) omitted (27.11.2023) by virtue of The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 2(1)(2)(a) (with art. 6)

[^key-e2cac407c71f3216ad03dc543092a445]: Word in Sch. 1 substituted (6.4.2022) by The Family Proceedings Fees (Amendment) Order 2022 (S.I. 2022/54), arts. 1(2), 3(3)(b) (with art. 2); S.I. 2022/283, reg. 2

[^key-e331c78d66c4e1ed2883e3f4a2189bb0]: Words in Sch. 1 inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) (Secondary Legislation) Regulations 2016 (S.I. 2016/211), reg. 1(2), Sch. 3 para. 104(8)

[^key-e5215d7043b6b64903693bd2b42360bf]: Art. 1(2)(b)(c) substituted for art. 1(2)(b) (6.4.2011) by The Family Procedure (Modification of Enactments) Order 2011 (S.I. 2011/1045), arts. 1, 35 (with art. 39)

[^key-e5a5dfed7dcb151f5fd16f6022864d1c]: Words in Sch. 2 para. 9 substituted (27.11.2023) by The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 2(1)(8) (with art. 6)

[^key-e81ccd251a09f638b42989d3688886d9]: Words in Sch. 1 substituted (6.4.2022) by The Family Proceedings Fees (Amendment) Order 2022 (S.I. 2022/54), arts. 1(2), 3(2)(a) (with art. 2); S.I. 2022/283, reg. 2

[^key-e8c30d938a2d788515f257c3a2edbe0e]: Words in Sch. 1 inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) (Secondary Legislation) Regulations 2016 (S.I. 2016/211), reg. 1(2), Sch. 3 para. 104(9)

[^key-eb3dcdff6fa13606eaa294653ff2edab]: Sch. 2 para. 11 substituted (27.11.2023) by The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 2(1)(10) (with art. 6)

[^key-f1d9ff944bd30072e37dd74c24228d37]: Sch. 2 substituted (7.10.2013) by The Courts and Tribunals Fee Remissions Order 2013 (S.I. 2013/2302), arts. 1, 2(a), Sch. (with art. 13)

[^key-f20ef2b16a83634a8c7e49220a74c53e]: Word in Sch. 1 substituted (6.4.2022) by The Family Proceedings Fees (Amendment) Order 2022 (S.I. 2022/54), arts. 1(2), 3(4) (with art. 2); S.I. 2022/283, reg. 2

[^key-fa9f4fd8b495f2c546d3b07bf5525daf]: Art. 3A(bb) inserted (17.7.2015) by The Family Proceedings Fees (Amendment No. 2) Order 2015 (S.I. 2015/1419), arts. 1, 2(2)(a)

[^M_F_8388fe82-ebac-4ef6-fd49-5b427ab5619f]: Art. 3D inserted (13.5.2024) by The Civil and Family Proceedings Fees (Amendment) Order 2024 (S.I. 2024/538), arts. 1(2), 3(1)

Fee remission

Disposable capital test

Disposable capital test

Disposable capital

Disposable capital - non-money resources

Disposable capital - resources held outside the United Kingdom

Disposable capital - foreign currency resources

Disposable capital - jointly owned resources

Excluded disposable capital

Gross monthly income test

Remission of fees - gross monthly income

11

• (1) Subject to paragraphs 11A and 12, if a party satisfies the disposable capital test, no fee is payable under this Order if, at the time when the fee would otherwise be payable, the party’s gross monthly income does not exceed the applicable threshold.

• (2) The applicable threshold is—

• (a) £1,420, for a party that is single and has no children;

• (b) £2,130, for a party that is part of a couple and has no children; or

• (c) as otherwise calculated in accordance with sub-paragraph (3).

• (3) Where this sub-paragraph applies, the applicable threshold is determined by taking the following steps—

• (Step 1) Identify the number of children aged 13 or below and multiply this number by £425.

• (Step 2) Identify the number of children aged 14 or over and multiply this number by £710.

• (Step 3) Add together the amounts calculated at Step 1 and Step 2.

• (Step 4) Add £1,420 to the amount calculated at Step 3.

The result is the applicable threshold for a party that is single and has children.

• (Step 5) If a party is part of a couple, take this additional step.

Add £710 to the amount calculated at Step 4.

The result is the applicable threshold for a party that is part of a couple and has children.

• (4) Subject to sub-paragraph (6), if a party’s gross monthly income exceeds the applicable threshold, that party must pay an amount towards the fee payable to which the application for remission relates, which is determined in accordance with sub-paragraph (5).

• (5) Where this sub-paragraph applies, the amount payable is determined as follows—

• (Step 1) Deduct the applicable threshold from the party’s gross monthly income.

The amount calculated is the “excess income”.

• (Step 2) Apply the rates specified in the second column of the Table to the parts of the party’s excess income specified in the corresponding row of the first column.

• (Step 3) Add together the amounts calculated at Step 2 (if there are two or more such amounts).

Subject to sub-paragraph (6), the result is the amount payable.

• (6) No party is required to pay an amount that is more than the fee payable for which the application for remission has been made, if no remission had been granted.

Gross monthly income cap

12

No remission is available if a party’s gross monthly income exceeds the applicable threshold determined in accordance with paragraph 11(2), plus the sum of £3,000.

Gross monthly income

13

• (1) Subject to paragraph 14, “gross monthly income” means the total sum of—

• (a) the lower of—

• (i) the gross amount that has been earned by the party in the month immediately preceding that in which the application for remission is made; or

• (ii) the average of the gross amount that has been earned by the party in the three months immediately preceding that in which the application for remission is made, and

• (b) the gross amount received by the party from any other source in the month immediately preceding that in which the application for remission is made, other than receipt of any of the excluded benefits.

• (2) For the purposes of sub-paragraph (1), earnings from a trade, business or gainful occupation other than an occupation at a wage or salary are calculated as the lower of—

• (a) the party’s net profits for the month preceding that in which the application for remission is made; or

• (b) the average of the party’s net profits for the three months preceding that in which the application for remission is made.

• (3) In sub-paragraph (2), “net profits” means the profits which have accrued to the party less all sums necessarily expended to earn those profits.

General

Resources and income treated as the party’s resources and income

14

• (1) Subject to sub-paragraph (2), the disposable capital and gross monthly income of a partner of a party is to be treated as disposable capital and gross monthly income of the party.

• (2) Where the partner of a party has a contrary interest to the party in the matter to which the fee relates, the disposable capital and gross monthly income of that partner, if any, is not treated as the disposable capital and gross monthly income of the party.

Application for remission of a fee

15

• (1) An application for remission of a fee must be made at the time when the fee would otherwise be payable.

• (2) Where an application for remission of a fee is made, the party must—

• (a) indicate the fee to which the application relates;

• (b) declare the amount of their disposable capital; and

• (c) provide documentary evidence of their gross monthly income and the number of children relevant for the purposes of paragraph 11.

• (3) Where an application for remission of a fee is made on ... the date on which a fee is payable, the date for payment of the fee is disapplied.

• (4) Where an application for remission is refused, or if part remission of a fee is granted, the amount of the fee which remains unremitted must be paid within the period notified in writing to the party.

• (5) The Lord Chancellor may by written notice request such additional information or evidence as is required to assess the party’s entitlement to fee remission under this Order, and the period specified by such notice must not be less than 7 days, beginning with the day after the date on which the notice is sent.

• (6) An application for remission of a fee may be treated as abandoned and no further action taken, if a party fails to provide the information requested under sub-paragraph (5) within the period specified by that notice, or such other extended period as may be agreed in writing at the Lord Chancellor’s discretion.

Remission in exceptional circumstances

16

A fee specified in this Order may be remitted where the Lord Chancellor is satisfied that there are exceptional circumstances which justify doing so.

Refunds

17

• (1) Subject to sub-paragraph (3), where a party pays a fee at a time when that party would have been entitled to a remission if they had provided the documentary evidence required by paragraph 15, the fee, or the amount by which the fee would have been reduced as the case may be, must be refunded if documentary evidence relating to the time when the fee became payable is provided at a later date.

• (2) Subject to sub-paragraph (3), where a fee has been paid at a time when the Lord Chancellor, if all the circumstances had been known, would have remitted the fee under paragraph 16, the fee or the amount by which the fee would have been reduced, as the case may be, must be refunded to the party.

• (3) No refund shall be made under this paragraph unless the party who paid the fee applies within 3 months of the date on which the fee was paid.

• (4) The Lord Chancellor may extend the period of 3 months mentioned in sub-paragraph (3) if the Lord Chancellor considers that there is a good reason for a refund being made after the end of the period of 3 months.

Legal Aid

18

A party is not entitled to a fee remission if, under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, they are in receipt of the following civil legal services —

• (a) Legal representation; or

• (b) Family help (higher); or

• (c) Family help (lower) in respect of applying for a consent order.

Vexatious litigants

19

• (1) This paragraph applies where—

• (a) a restraint order is in force against a party; and

• (b) that party makes an application for permission to—

• (i) issue proceedings or take a step in proceedings as required by the restraint order;

• (ii) apply for amendment or discharge of the order; or

• (iii) appeal the order.

• (2) The fee prescribed by this Order for the application is payable in full.

• (3) If the party is granted permission, they are to be refunded the difference between—

• (a) the fee paid; and

• (b) the fee that would have been payable if this Schedule had been applied without reference to this paragraph.

Exceptions

20

No remissions or refunds are available in respect of the fee payable for—

• (a) copy or duplicate documents;

• (b) searches.

3A

Fees 1.1, 5.1 and 5.3 in Schedule 1 (fees to be taken) are not payable—

• (a) in any proceedings relating to protection measures under EU Regulation 606/2013 if the person who would otherwise be liable to pay the fee is the protected person;

• (b) in proceedings for—

• (i) a non-molestation order;

• (ii) an occupation order; or

• (iii) a forced marriage protection order,

under Part 4 or 4A of the Family Law Act 1996; ...

• (bb) in proceedings for a female genital mutilation protection order under Part 1 of Schedule 2 to the Female Genital Mutilation Act 2003; ...

• (c) in proceedings issued by the person who commenced proceedings referred to in sub-paragraphs (b) or (bb), where that person makes any application in respect of an order made in those proceedings, except an application to appeal such an order ; or

• (d) in respect of an application under section 28 (domestic abuse protection orders on application), 29 (applications where domestic abuse protection notice has been given), 40 (arrest for breach of order) or 44 (variation and discharge of orders) of the Domestic Abuse Act 2021 or an appeal under section 46 of that Act (appeals).

3B

• (1) In proceedings under the Guardianship (Missing Persons) Act 2017—

• (a) fee 5.1 (application in existing proceedings without notice or by consent); and

• (b) fee 5.3 (application in existing proceedings on notice);

are not payable by the Public Guardian.

• (2) For the purpose of this regulation, “Public Guardian” has the meaning given in section 57 of the Mental Capacity Act 2005.

3C

Fees 5.1 (on an application in existing proceedings without notice or by consent) and 5.3 (on an application in existing proceedings on notice) in Schedule 1 (fees to be taken) are not payable in respect of any application made by reference to sections 31R-W of the Matrimonial and Family Proceedings Act 1984 for an order or direction of the court relating to cross-examination in person of a party to or witness in the proceedings.

Disposable capital test - deeming provisions for those aged 66 or over

Disposable capital

Disposable capital - non-money resources

Disposable Capital - resources held outside the United Kingdom

Disposable capital - foreign currency resources

Disposable capital - jointly owned resources

Excluded disposable capital

Gross monthly income— passporting benefits

11A

• (1) If a party satisfies the disposable capital test, no fee is payable under this Order if, at the time when the fee would otherwise be payable, the party is in receipt of any passporting benefits.

• (2) The following are passporting benefits—

• (a) income-based Jobseeker’s Allowance;

• (b) income-related Employment and Support Allowance;

• (c) income support;

• (d) pension credit (Guarantee Credit); and

• (e) universal credit with additional gross annual earnings of less than £6,000.

Gross monthly income cap

Gross monthly income

3D

Fee 1.1 (application to start proceedings where no other fee is specified) is not payable where the application is for habeas corpus in respect of a decision mentioned in paragraph 3A(1) of Schedule 10 to the Immigration Act 2016.

3E

Fees 5.1 (on an application in existing proceedings without notice or by consent) and 5.3 (on an application in existing proceedings on notice) in Schedule 1 (fees to be taken) are not payable in respect of any application to request a change of procedure from the express financial remedy procedure in proceedings under Part 9 of the Family Procedure Rules 2010 as modified by Practice Direction 36ZH - Pilot Scheme: Express Financial Remedy Procedure.