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Help with Fees: separate from legal aid, and often missed

The short answer

Help with Fees is not legal aid. It is a separate scheme run by HM Courts and Tribunals Service that reduces or removes the fee you pay to issue an application. Different test, different form, different decision maker. Plenty of people who are refused legal aid qualify for this, and it is the most commonly missed money on the whole subject.

Key points

  • Legal aid pays for legal help. Help with Fees pays the court fee. They are unrelated.
  • Being refused legal aid tells you nothing about this.
  • The savings limit is far more generous if you are 66 or over.
  • Apply before you pay. Getting a refund afterwards is much harder.
  • Some applications carry no fee at all, including the FL401 for a non-molestation or occupation order.

 

What it is worth

On a divorce application it is £628. On a contested financial application it is £321. On a C100 about child arrangements it is £270. Help with Fees can reduce those, in some cases to nothing.

The figures

Family court fees in England and Wales

ApplicationFee
Apply for a divorce, dissolution or nullity£628
Financial order by consent, including a clean break£62
Contested financial order, the Form A application£321
Child arrangements, the C100£270
General application within proceedings, D11 or C2£195
Non-molestation or occupation order, the FL401No fee
Domestic Abuse Protection Order applied for by a victimNo fee

There is no court fee to apply for a non-molestation or occupation order. Protection from abuse does not cost money at the court counter. You may pay for legal help to prepare it, and that is what legal aid can cover.

Help with Fees is separate from legal aid and can reduce or remove a court fee. Many people who do not qualify for legal aid do qualify for Help with Fees.

In force from 13 July 2026. Sources: the Ministry of Justice announcement and the fees order, SI 2026/642. Free applications: GOV.UK, injunctions: protection from domestic abuse. Checked 5 August 2026.

How the test works

Three things: your savings and investments, whether you receive certain benefits, and your income.

Savings. There is a threshold, and it is considerably higher if you are 66 or over. Go over it and you pay in full, whatever your income.

Benefits. Receiving certain qualifying benefits removes the fee entirely, provided you are under the savings threshold.

Income. Otherwise the fee is reduced on a sliding scale according to your monthly income, with allowances for a partner and for each child.

The figures change, so use the official service rather than any third-party summary: get help paying court fees on GOV.UK.

Common and costly mistake

Paying first and asking later. Apply for Help with Fees before you submit, using the online service or form EX160. Once the fee is paid, recovering it means a refund application with a time limit, and people miss it.

You may qualify

If you are 66 or over you are allowed substantially more in savings before Help with Fees is ruled out. Older applicants who assume their modest savings disqualify them are frequently wrong.

This page provides general information about the law of England and Wales. It is not legal advice and it does not create a solicitor-client relationship. Laws, fees and thresholds change. Where a decision matters to you, take advice from an appropriately qualified professional about your own circumstances.