Explanatory note
(This note is not part of the Order)
This Order amends the Family Proceeding Fees Order 1991—
to provide that exemption and remission from payment of court fees are only available in undefended proceedings for divorce or judicial separation, and that when available they reduce the fee in question to £20 (articles 4 and 5);
to increase the following fees (article 7):
| Fee No. | Short description of fee (for full description see fees order) | Existing fee £ | New fee £ |
|---|---|---|---|
| (fees to be taken in the High Court and county courts) | |||
| 1(a) | Originating application/summons | 20 | 100 |
| 1(b) | Petition | 80 | 150 |
| 2(1)(a) to (p) | Applications under the Children Act 1989 | 20, 30 or 50 | 50 |
| 3(a), (b) | Adoption proceedings | 20 or 30 | 100 |
| 3(c) | Wardship proceedings | 50 | 100 |
| 4 | Ancillary relief application | 30 | 50 |
| 5 | General application | 20 | 30 |
| 6 | Appeal from a district judge | 20 | 50 |
| 10(a) | Registration of maintenance order | 10 | 25 |
| (fees to be taken in county courts only) | |||
| 12(c) | Entering garnishee proceedings | 25 | 50 |
| 12(d) | Application for a charging order | 25 | 50 |
| 12(e) | Issue of a judgment summons | 25 | 50 |
| (fees to be taken in the High Court only) | |||
| 16(d) | Application for a garnishee order, charging order or receiver | 30 | 60 |
| 16(e) | Certified copy of judgment | 20 | 30 |
to introduce the following new fees (articles 8, 10 and 13):—
| Fee No. | Short description of fee (for full description see fees order) | Amount of fee £ |
|---|---|---|
| (fees to be taken in the High Court and county courts) | ||
| 1(d) | Amended, second or subsequent petition | 50 |
| 1(e) | Answer or cross petition | 100 |
| 4(a) | Application for ancillary relief by consent | 30 |
| 7(c) | Search in local index of decrees absolute | 5 |
| (fees to be taken in the High Court only) | ||
| 19(a) | Affidavit before court officer | 5 |
| 19(b) | Exhibit to same | 2 |
to make specific provision for applications to make a decree nisi absolute, requests for directions for trial and applications for consent orders (other than for ancillary relief), to remove the fee for requests for directions in uncontested divorce proceedings and to keep the fee at £20 in the other cases listed (article 9);
to reduce the fee for copies of documents to 25p per page after the first five pages of each document (article 11);
to provide an advance fee for the lodging of a bill for taxation, equal to half of the estimated final taxation fee as calculated on the assumption that the bill is upheld in full, and to set the final fee at £7.50 per £100 of the bill as taxed (article 12);
where the bill is lodged by the party who would have to pay the amount of the taxed bill, to limit the amount of the advance fee to £50 unless the district judge orders otherwise (article 6).