Litigants in person & costs — can you recover money from the other side?

REVIEWED BY: Sean McNamara on 2026-08-28

The starting rule in family cases

In most family proceedings (children and finances), each side pays their own costs — there is no automatic "loser pays". So a self-representing parent usually cannot recover their lost earnings, travel or prep time from an unreasonable ex. But there are important exceptions.

When costs CAN be awarded against a party

Family courts can depart from the no-costs rule where a party has behaved unreasonably or disobediently:

Litigation misconduct — lying in statements, hiding assets (huge costs consequences in financial cases), serial unreasonable applications, ignoring court directions
Breach of orders — costs can be ordered on enforcement applications
Unreasonable refusal to mediate or to engage with a FDR — courts increasingly penalise this
Without prejudice save as to costs offers — if you made a generous written offer and the other side refused and did worse at hearing, the court can award you costs from the date of the offer (see our confidentiality guide)

Can a litigant in person claim costs at all?

Yes — since 2001, self-represented parties can claim for lost work income and time (a daily rate set by practice direction, currently around £19/hour up to caps), plus genuine expenses (travel, document costs). Evidence required: a statement of loss with wage slips or accounts. It is not a windfall — but it means an unreasonable party who drags you through hearings can be made to compensate your time.

Costs in exactly-reciprocal situations

Dismissed applications — if you apply and lose badly, expect to pay the other side's reasonable costs (or none, at the court's discretion — family courts retain full discretion)
Settlement offers — the "save as to costs" mechanism rewards early, realistic offers by either side

Practical guidance

1. Keep a log of every hearing, hour and expense from day one (a spreadsheet) — your costs claim depends on it 2. Make reasonable WP offers early — they protect you in both directions 3. Never file applications you can't evidence; unreasonable applications are the fastest way to pay the other side's costs 4. Ask for costs at the end of the hearing that went your way — orally first, then in writing

Official links

Family Procedure Rules Part 28 (costs): https://www.justice.gov.uk/courts/procedure-rules/family
https://www.gov.uk/looking-after-children-divorce

This page is general information, not legal advice. YourFamilyCase.co.uk is an independent information directory and is not affiliated with HMCTS or gov.uk.

Content verified against the official HMCTS court directory, gov.uk forms and fees pages, and the professional body registers (SRA, FMC, Bar Council). Last reviewed September 2026.