Costs in financial proceedings
Produced in partnership with David Salter of Mills & Reeve
Costs in financial proceedings

The following Family guidance note Produced in partnership with David Salter of Mills & Reeve provides comprehensive and up to date legal information covering:

  • Costs in financial proceedings
  • General provisions
  • Specific requirements in financial remedy proceedings

General provisions

The court may make, at any time, such order as to costs as it thinks just.

By virtue of the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 28.2(1), the Civil Procedure Rules 1998 (CPR), SI 1998/3132, Pt 44 (except CPR 44.2(2)–(3), CPR 44.10(2)–(3)), plus CPR 45.8, 46 and 47 and their associated practice directions apply to costs in family proceedings with some modifications.

The application of the costs rules will vary, dependent on whether the proceedings relate to:

  1. divorce and civil partnership dissolution

  2. financial remedy proceedings as defined by FPR 2010, SI 2010/2955, 28.3(4)(b), ie:

    1. financial order proceedings, save for an order for:

      1. maintenance pending suit/outcome of proceedings

      2. interim periodical payments

      3. payment in respect of legal services, or

      4. any other interim purpose per FPR 2010, SI 2010/2955, 9.7(1)(a), (b), (c), (e)

    2. proceedings under Part III of Matrimonial and Family Proceedings Act 1984, ie for financial provision after an overseas divorce

    3. proceedings under Schedule 7 to the Civil Partnership Act 2004 (CPA 2004), ie for financial provision after an overseas dissolution

    4. proceedings under section 10(2) of the Matrimonial Causes Act 1973 (MCA 1973), ie an application by the respondent for consideration of their financial position after divorce

    5. proceedings under CPA 2004, s 48(2), ie an application by the respondent for consideration of their financial position after the dissolution of

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