Westminster Policy News & Legislative Analysis

Northern Ireland family court fees up 2026–2028; injunction fee

The Family Proceedings Fees (Amendment) Order (Northern Ireland) 2026 will apply from 1 April 2026. It updates the 1996 framework by phasing increases to most family court fees through to 2028 and creates a specific fee line for ex parte injunction applications. The changes follow the Department of Justice’s publication of its court‑fees consultation response on 2 March 2026. (justice-ni.gov.uk)

Across High Court and County Court family business, fees rise by 5% on 1 April 2026, followed by 2% uplifts on 1 April 2027 and 1 April 2028. The cumulative effect is around 9% by the end of the period. The Order also substitutes a new Schedule to the Family Proceedings Fees Order (Northern Ireland) 1996 setting updated fee lines. (thebriefni.co.uk)

An explicit fee is added for an ex parte application to a judge for an injunction (listed as Fee 7(c) in the substituted Schedule). This addition aligns the family fees regime more closely with the Court of Judicature structure, where ex parte injunction applications have long attracted a distinct charge. (legislation.gov.uk)

Court fees in Northern Ireland are set by statutory rule under section 116(1) of the Judicature (Northern Ireland) Act 1978. In line with the statute and established practice, such orders are made by the Department of Justice following consultation with the Lady Chief Justice and with the concurrence of the Department of Finance. (legislation.gov.uk)

The Department’s stated policy objective remains progress towards full cost recovery for civil and family courts, subject to safeguards. Consultation material projects additional recurring income by 2028–29 to reduce the subsidy currently met from the Department’s budget. (justice-ni.gov.uk)

Help with fees remains in place. The Northern Ireland Courts and Tribunals Service continues to operate exemption and remission arrangements for eligible users, with guidance and application forms available via official channels. (justice-ni.gov.uk)

For practitioners, the staged uplifts mean fee budgets for divorce and dissolution, Children Order applications and ancillary relief should be rebased from April 2026, with review points each April thereafter. Clients should be advised to check eligibility for fee remission where multiple fee events are expected. (justice-ni.gov.uk)

The revised Schedule will apply to filings made on or after 1 April 2026; earlier filings remain subject to the schedules that took effect on 1 October 2024. The Department indicates that an Explanatory Memorandum and a Regulatory Impact Assessment accompany the statutory rule on legislation.gov.uk. (justice-ni.gov.uk)