Help With Fees scheme amended
When considering any kind of application to the family court, one of the main factors which might be preventing an applicant from submitting their application form is the worry over how they are going to meet the relevant application fee. For example, the Court currently charges £593 to deal with a divorce petition application, £275 for a financial application to sort out marital assets on divorce or the dissolution of a civil partnership and £262 for submitting an application in respect of a child (Child Arrangements Order / Prohibited Steps Order / Specific Issue Order).
The Ministry of Justice (MOJ) has always allowed applicants to submit a request to be either fully exempted from paying the application fee, or to claim a reduction in the fee due to their financial circumstances. If an applicant is in receipt of certain benefits, fee exemption will usually be granted. If they are not but their income and capital savings are within a certain threshold, they could get either full exemption or a reduction.
Now the MOJ has seen fit to increase the threshold criteria so that more people may be eligible for a fee exemption or fee reduction. The MOJ has stated that ‘Thousands more [will be] eligible for financial help with court fees’, as the income threshold for the ‘Help with Fees’ scheme is increased. It is noted that:
“The changes to income thresholds will vary depending on different families and their circumstances, including the age of any children. For example:
- For a couple with 2 children under 14, the monthly income threshold would increase from £1,875 per month to £2,980
- For a single person with no children the threshold would increase from £1,170 per month to £1,420
Additional financial support will be provided for parents with a child aged 14 or over, considering the greater cost associated with looking after older children.”
The MOJ also went on to state the Scheme is being altered so as to ensure it is “providing more flexibility for individuals with money in savings and investments by increasing the minimum capital threshold for the scheme. This will allow applicants to have more capital before they become ineligible for the scheme”. Other changes include the following:
- Making it easier for the self-employed and those who work variable shift patterns to qualify by better recognising that income can fluctuate month-on-month
- Ensuring those on higher incomes pay more of their court and tribunal fees, by revising partial fee discounts so the more an individual earns, the more they pay towards their fees
- Raising the scheme’s age cap from 61 to the state pension age of 68
In the last 12 months, £80 million was provided in support through the scheme and the income and capital eligibility thresholds are being raised as well as the scheme being simplified making it easier for people to use, including allowing their legal representatives to complete applications. To bring the changes into force the Government has promulgated the Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (SI 2023 No. 1094).
If you are planning to make an application to the family court and believe you may quality for a fee exemption or fee reduction, our family solicitors are on hand to advise and guide you through the whole process. Call our team today on 01473 611 211 to book an initial consultation.
Sue Wardropper is a senior associate solicitor and Head of the Family Department at Barker Gotelee Solicitors in Ipswich.
Suffolk Family Solicitors – for more information on our range of legal services, please call the team on 01473 611211 or email [email protected]
This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.
