Q&As

What types of costs orders can be made in family proceedings?

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Published on LexisPSL on 16/03/2016

The following Family Q&A provides comprehensive and up to date legal information covering:

  • What types of costs orders can be made in family proceedings?
  • What are the key costs provisions for family proceedings?
  • What costs orders can be made in financial proceedings?
  • What costs orders can be made in children proceedings?
  • What types of costs orders can be made?

What types of costs orders can be made in family proceedings?

What are the key costs provisions for family proceedings?

The main costs provisions for family proceedings are set out in Part 28 of the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955.

Certain parts of the costs provisions of the Civil Procedure Rules 1998, SI 1998/3132 (CPR) also apply to family proceedings, with modifications.

For further details see Practice Note: Costs in family proceedings.

What costs orders can be made in financial proceedings?

For practical guidance on costs in financial proceedings generally see Practice Note: Costs in financial proceedings. The general rule is that there will be no order for costs in financial remedy proceedings, but there are exceptions.

The application of the various costs rules will vary, depending on the nature of the proceedings. Some specific examples include:

  1. divorce and civil partnership dissolution, see: Undefended divorce proceedings — Consideration of costs, and

  2. applications for financial provision under Schedule 1 to the Children Act 1989 (ChA 1989), see: Procedure under Schedule

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