Costs orders in family proceedings — when the other side pays

REVIEWED BY: Sean McNamara on 2026-08-28

The starting point: each side pays its own

Unlike most civil litigation, family proceedings start from "no order for costs" — each party covers their own legal costs, whatever the outcome. So don't expect an automatic "loser pays" win; the family court has a wide discretion that begins with "leave it as it lies."

The exceptions where costs CAN be awarded

The court will award costs against a party for poor behaviour:

Litigation misconduct — lying to the court, hiding assets, deliberately producing false documents, unreasonable applications, failing to comply with court orders
Unreasonable refusal to mediate / settle — particularly where a party ignored genuine settlement offers (especially "without prejudice save as to costs" offers) and then lost
Breach of a court order — costs often follow an enforcement application
Unreasonable stance in a financial case — courts penalise a party who rejected a fair offer and ended up worse off (the costs consequence of the offer)

For children cases, courts rarely order costs between parents (it diverts money from the child) unless conduct is plainly unreasonable.

How a litigant in person claims costs

If the conduct threshold is met:

1. Ask at the hearing (orally, then in writing) when the bit of the case where costs are justified concludes 2. The court may order a costs assessment (a summary or, if disputed, a detailed assessment where a costs judge decides the bill) 3. As a LiP you can claim costs under the LiP costs provisions — your time (a fixed hourly rate) and expenses — see our LiP costs guide

Procedural steps

File a costs application/statement promptly (costs are assessed against the conduct in that specific aspect of the case)
Keep a costs schedule (hours, rate, expenses) — you'll need it
Costs against a LiP are assessed on the same basis as against a represented party — the other side can't claim you had no lawyers' bill to recover

Realistic outcomes

Costs awards in family cases are the exception, not the rule. They cluster around: obstruction, lies, refusal to mediate, and generous WP offers rejected. If you're on the receiving end of unreasonable conduct, document it meticulously — that's your costs lever.

Official links

Family Procedure Rules Part 28: https://www.justice.gov.uk/courts/procedure-rules/family
https://www.gov.uk/money-property-when-relationship-ends

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.