Costs in financial proceedings

Produced in partnership with David Salter

Practice notes

Costs in financial proceedings

Produced in partnership with David Salter

Practice notes

This Practice Note provides a summary of the rules in relation to costs in proceedings for a financial remedy within divorce or civil partnership proceedings that are subject to the Family Procedure Rules 2010 (FPR 2010), or in financial proceedings that are subject to the Civil Procedure Rules 1998 (CPR).

General provisions

The court may make, at any time, such order as to costs as it thinks just.

By virtue of FPR 2010, SI 2010/2955, 28.2(1), CPR 44 (except CPR 44.2(2)–44.2(3), CPR 44.10(2)–44.10(3)), plus CPR 45.8, 46 and 47 and their associated practice directions apply to costs in family proceedings with some modifications.

The application of the costs rules will vary, dependent on whether the proceedings relate to:

•
divorce and civil partnership dissolution, see Practice Note: Costs in family proceedings—Divorce and civil partnership dissolution
•
financial remedy proceedings, as defined by FPR 2010, SI 2010/2955, 28.3(4)(b), ie:
1. ◦
  financial order proceedings, save for an order for:
  1. ‣
    maintenance pending suit/outcome of proceedings
  2. ‣
    interim periodical payments
  3. ‣
    payment in respect of legal services, or
  4. ‣
    any

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.

Jurisdiction(s):

United Kingdom

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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