Costs in family proceedings

Copyright © 2025 LexisNexis
Produced in partnership with David Salter
Practice notes

Costs in family proceedings

Copyright © 2025 LexisNexis

Produced in partnership with David Salter

Practice notes
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This Practice Note provides guidance on the rules regarding costs in family proceedings, the application of the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955 and the Civil Procedure Rules 1998 (CPR), SI 1998/3132, and factors taken into account by the court in determining costs including conduct and offers of settlement. It also considers costs on divorce or dissolution (both prior to and after the coming into effect of the Divorce, Dissolution and Separation Act 2020 (DDSA 2020) on 6 April 2022), the types of costs orders that may be made by the court, costs in relation to litigants in person and costs orders against non-parties.

General principles

The relevant costs provisions are set out in FPR 2010, SI 2010/2955, Pt 28, together with FPR 2010, PD 28A. Certain parts of the costs provisions of the CPR also apply to family proceedings with modifications, see: Application of the CPR. The general principles are:

  1. •

    subject to other specific provisions, the court has discretion as to costs, ie it may make such order as to costs as it thinks just

David Salter
David Salter

Solicitor (non-practising)

David Salter has enjoyed a varied career in family law with over 45 years’ experience. He served as National Head of Family Law at Addleshaw Goddard and, subsequently, as Joint National Head of Family Law at Mills & Reeve, retiring in 2018.

From 1997-1999, David was Chairman of Resolution, also acting as the first Chairman of Resolution’s Accreditation Committee. He subsequently became President of the International Academy of Family Lawyers from 2010 to 2012, having previously served as the Academy's European Chapter President.

He has sat in various part-time judicial posts since 1985 sitting regularly as a deputy High Court judge and Recorder in the Family Court until March 2022. He now conducts private financial dispute resolution appointments.

David was one of the original members of the Family Procedure Rules Committee which framed the 2010 Rules, serving a ten-year term from 2004 to 2014.

He is a prolific author on a variety of family topics with an acknowledged expertise in relation to pensions on divorce. He is a contributor to the Family Court Practice (The Red Book), Butterworths Family Law Service, Rayden and Jackson, the International Family Law Practice and LexisPSL Family. 

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Costs definition
What does Costs mean?

Money ordered to be paid by one party to another in respect of the costs incurred in the course of litigation, in bringing or defending a claim.

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