Family Help (Private) Fee Scheme

On this page:

About the fee scheme
Fee structure table
For more information

About the fee scheme

The fee scheme applies to all work within the family category other than public law work. It includes all work up to the issue of proceedings. This scheme will apply to all cases started on or after 1st October 2007.

Work outside the scheme will continue to be paid on hourly rates. This is all work undertaken from the issue of proceedings up to the final hearing.

Level 1

This is a national fee.

It covers the initial meeting with the client and any work immediately flowing from this meeting. It also covers general advice about the dispute and methods of resolution, such as mediation.

A separate petitioner fee is payable where:

there are undefended divorce proceedings (including judicial separation)
the client has no other issues
the solicitor is representing the petitioner.

An exceptional case limit of 3 times the relevant fee (Level 1 or the petitioner fee) has been introduced to take account of divorces that are particularly complex.

Domestic violence and child abduction work are also only included at Level 1. This is because further work will usually proceed straight to a certificate. These cases can be exceptional at Level 1.

Level 2

This is a national fee with a London uplift.

This fee is payable where there is a signifcant dispute relating to children and/or finance that requires work beyond the initial interview and follow up:

in children cases, Level 2 extends up to, but not including, the issue of proceedings
in finance cases, Level 2 includes all work up to, but not including, the issue of proceedings, except where proceedings are issued for the purposes of obtaining a consent order
where there are significant children and finance issues, then both the children and finance fees can be claimed.

Where cases settle at Level 2, a settlement fee will be payable.

Cases can be exceptional at Level 2. This is calculated on the basis of three times the Level 1 fee plus three times the Level 2 fee.

Fee structure table

Please see Documents section on the right hand side of this page for a fee structure table for the Family Help (Private) Fee Scheme.

The table sets out what we will pay for cases when the new schemes are introduced and aim to help providers to access key information more easily.

It is taken from our Family and Family Mediation Fee Schemes publication that sets out and explains the scheme. This document provides important additional information about the scheme such as:

any work outside the scheme
exceptional thresholds.

The fee table should be read in conjunction with this scheme paper.

For more information

Please visit the CLS>closed consultations pages:

for more information
to download the family and family mediation fee schemes.

Last updated: 19 September 2008