Will court fee increase in family courts negatively impact access to justice?

Posted on 7th February 20247th February 2024 by McAlister Family Law

Will court fee increase in family courts negatively impact access to justice?

When a relationship ends, those that are married or in a civil partnership have no option but to issue a divorce application if they want to legally formalise their separation. Along with the divorce application, separating couples may also need to pay for a financial order application and a parental order application. Here, Fiona Wood looks at the recent announcement that there will be an increase to all court fees in 2024, and raises the concern that low income households may find themselves unable to make necessary family applications.

If a couple do decide to divorce, as well as issuing a divorce applicaition, they also need to obtain a financial settlement which needs to be approved by a judge if it is to be binding and enforceable. Even if the separation is amicable, a court fee is payable when a divorce application is made and a court fee is payable when a financial agreement is submitted to court for a judge’s approval.

A court fee is also payable by separated parents if they are unable to agree arrangements for their children and need to make an application to court (known as a Parental Order application) to ask a judge to assist them with this issue.

If there are ongoing proceedings regarding finances or children, there can be additional smaller court fees that have to be paid within the court process.

You may be exempt from these fees if you have limited or no income and little or no savings. However, many of those making family court applications have to pay these fees.

The court fees were last increased in September 2021. It has recently been announced that there will be an increase of 10% in all court fees in 2024, including those in family cases. The date for the fee increase has not yet been announced. The main court fees in family proceedings are as follows:

Divorce application – current fee £593 – new fee £652
Financial Order application (if finances not agreed) – current fee £275 – new fee £303
Financial Order application (if agreed) – current fee £53 – new fee £58
Parental order application – current fee £232 – new fee £255

The rationale for the increase is that the court fees are needed to help fund the court system. We are told that in 2022/2023 cost £2.3 billion to fund the court system and £727 million of this was funded from court fees. As the cost of running the court system increases the fees are increased to assist with this cost.

Whilst it is understandable that money needs to be raised to fund that court system, there is a concern that increasing the court fees will prevent many on low incomes from making necessary family court applications.

Legal fees for those who have separated and who need to make an application asking court regarding finances or arrangements for their children, are a struggle for many who have limited income or savings. Legal Aid is only available in very limited circumstances to deal with the legal issues that can arise when a relationship ends. To qualify for Legal Aid not only must you have very limited income and capital, but there must also have been recent domestic violence.

For those of limited means who do not qualify for Legal Aid, many have no option but to represent themselves within the court process. The number of case where both spouses/cohabitees represent themselves within family court proceedings has increased by 25% between 2013 and 2022, which shows how many are struggling with funding the court process. Increasing the court fees will only make this more difficult for them and could leave some unable to afford access to the family court.

If you or someone you know is affected by the issues raised in this blog post, we can provide you with expert legal advice. For more information, please get in touch with our specialist team at hello@mcalisterfamilylaw.co.uk

New fund to help domestic abuse victims escape abuse and help rebuild their lives.

Posted on 22nd January 202422nd January 2024 by McAlister Family Law

New fund to help domestic abuse victims escape abuse and help rebuild their lives.

The Home Office announced that it is introducing a £2 million pound fund to provide support by way off a one-off payment to victims of domestic abuse to help them leave their abusers. Here, Melissa Jones, Senior Associate, looks at what this means for domestic abuse victims and what the funds covers.

What is the fund and how do I make a claim?

From 31^st January 2024, if you are a victim of domestic abuse and you do not have the funds to leave your abuser (if you live together) then you can apply for a one-off payment of £500 for essential items and support with new accommodation.

In addition to the above, victims of domestic abuse can also apply for a further one-off payment of up to £2500 to “help secure a sustainable independent future, such as putting down a deposit for rental accommodation.”

The fund is set to last until March 2025 initially. Women’s Aid has been reappointed to help deliver this service and as of last year the fund helped over 600 victims to safety.

It has been reported that victims of domestic abuse find it hard to leave their abuser due to the costs of living and accommodation costs.

What is Domestic Abuse?

Domestic abuse is when someone close to you, often a partner or spouse causes you physical, sexual, financial or emotional hardship. It is a misconception that in order for you to be categorized as being in an abusive relationship, there must be physical violence. In many cases there is no physical violence; instead, there is psychological and emotional abuse.

Domestic violence can take many forms. Other than physical violence and threats of violence, you may feel intimidated by things that are said to you, or the manner in which you are treated. You may feel controlled and prevented from spending time with friends and family. Abuse can be verbal; you may feel belittled by your partner at home or in front of others.

Senior Associate, Melissa Jones comments “this is a very good initiative and practical step for victims of domestic abuse who are suffering immensely and do not need the added stress of financial constraints when leaving their abuser. With domestic abuse being linked to depression and homelessness, anything that can help to reduce both of these issues is very much needed. Hopefully this will provide immediate and swift assistance to those that need it”.

If you believe you are, or someone you know is suffering from domestic abuse, then there are ways to help you, and them. At McAlister Family Law we can help victims of domestic abuse by advising them on the most appropriate course of action in their particular situation.

Anyone who requires help or support can contact the National Domestic Abuse Helpline which is open 24/7 365 days per year on 0808 2000 247 or via their website https://www.nationaldahelpline.org.uk

Is a divorce on the cards for Kyle Walker and Annie Kilner?

Posted on 18th January 2024 by McAlister Family Law

Is a divorce on the cards for Kyle Walker and Annie Kilner?

After an Instagram story posted by Annie Kilner, it seems that Manchester City star Kyle Walker’s marriage to his childhood sweetheart is at an end. Here, Heather Lucy looks at what will happen if the couple do divorce, how the assets may be divided and how their children’s welfare will be taken into consideration.

On an Instagram story, Annie Kilner has said she is ‘taking some time away’ from her marriage to the football star and online communities are convinced that this means a divorce is on the cards. This seems all the more likely given that Walker has left the family home. Online publications are now speculating whether Kilner is going to have the ‘final revenge’ by seeking a financial settlement on divorce. Whilst this framing is not helpful in trying to have an amicable divorce (which is sensible especially when there are children involved), it does throw up some questions about what will happen to the couple’s finances if a divorce really is on the cards.

Walker and Kilner were married in 2021. On the face of it, it therefore sounds like their marriage was short-lived. This is relevant because the courts take into account the length of a marriage when dividing up matrimonial assets on divorce. They do not, however, limit this to the time since ‘I do’. The relevant timeframe is the length of time since the couple began to live together (if they did so without a break) to when they separated. Walker and Kilner reportedly dated for 12-13 years before they married, though when they first moved in together is not public knowledge. This could, therefore, be an important distinction for the couple as it seems likely to take them from a short marriage to a long one which means that the court would be more likely to use an equal division of the matrimonial assets as a starting point. One fly in the ointment, however, might be the couple’s earlier split in 2019. Kilner will need to take some careful legal advice about this.

During the 2019 split, Walker met Lauryn Goodman who is a model and influencer. Together, they had a child, Kairo, and there are speculations that Goodman’s daughter (born in 2023) was also fathered by Walker. Walker and Kilner share three children together. When looking at the division of finances on divorce, the welfare of children of the family will be the court’s priority. Whilst Goodman’s child(ren) may not be considered ‘children of the family’ (which depends on whether they have been treated as such), Walker’s obligations to them are likely to feature heavily in any negotiations that take place.

The length of the marriage and the existence of children are just two of the factors that the court takes into account when considering the financial division between parties on divorce. Please see Fiona Wood’s article on section 25 of the Matrimonial Causes Act 1973 to explore this in further detail.

Historically, Kilner would have been able to issue an application for divorce on the basis of Walker’s infidelity. This, however, changed in April 2022 when the no-fault divorce regime came into force. This means that the couple’s focus will remain on dividing their assets rather than trying to assign blame to each other for the breakdown of the marriage… in the courts at least. Hopefully, if the marriage has broken down irretrievably, both Walker and Kilner will take good legal advice and aim to reach a resolution in a way that will allow a positive co-parenting relationship for their children.