Help with court fees (EX160) — 2026 eligibility in plain English

REVIEWED BY: Sean McNamara on 2026-08-30

Court fees in family cases are substantial — a divorce application costs £628, a C100 child arrangements application £270, and a contested financial remedy application £321 (fees effective 13 July 2026). The Help with Fees (HWF) scheme can reduce or wipe out these fees. This guide explains the official eligibility rules. It is general information, not legal advice.

Who can apply

Individuals only (including sole traders) — companies and organisations cannot
You can apply before or after paying the fee (within set time limits if claiming a refund)
You must apply at the same time as your court application in most cases

Test 1: Savings and investments

You must have less than a set amount in savings, depending on the fee:

| Your fee | Maximum savings allowed | |---|---| | Up to £1,420 | £4,250 | | £1,421 – £5,000 | 3× your fee | | Over £5,000 | £16,000 |

If you or your partner are 66 or over, the cap is £16,000 regardless of fee size. Most family court fees are well under £1,420, so the £4,250 figure is the one that applies to most people. Include your partner's savings too.

Test 2: Receiving certain benefits

You pass automatically if you receive one of these and are under the savings cap:

Income-based Jobseeker's Allowance (JSA)
Income-related Employment and Support Allowance (ESA)
Income Support
Universal Credit (with earnings of less than £6,000 a year)
Pension Credit (Guarantee Credit)

Test 3: Income

If you're not on a qualifying benefit, your monthly income must be:

£1,420 or less if you're single
£2,130 or less if you have a partner

Add £425 for each child aged 13 or under, and £710 for each child aged 14 or over. You report either your last calendar month's income or your average over the last three months.

Partial remission

If your income is above the full-remission level, you may still get part of the fee paid. The partial thresholds are:

Single: income under £4,420/month (plus child additions)
Couple: income under £5,130/month (plus child additions)

The EX160C calculator on gov.uk works out your maximum contribution.

How to apply

1. Fill in form EX160 (online or on paper) — you'll get an HWF reference number 2. Submit the EX160 with your court application, quoting the reference 3. The court checks eligibility and either processes your application without payment or asks you to pay the outstanding balance 4. Apply for help with each fee separately if your case involves more than one fee

Common pitfalls

Submitting EX160 without the court application, so the 28-day validity of the HWF reference runs out
Forgetting to include a partner's savings — this is the most common reason for rejection
Applying for a refund too late after already paying a fee
Assuming benefits not on the list (for example, PIP or Child Benefit) qualify — they don't; only the listed benefits passport you through

Official links

YourFamilyCase.co.uk is an independent information directory — we are not affiliated with, endorsed by, or connected to HMCTS, MoJ, or gov.uk. This page is general information and is not legal advice. Fee and threshold figures change — check gov.uk before applying.

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.