01/09/2026
Can you make your ex pay your Family Court legal costs?
It’s a question that often arises when family proceedings become lengthy or difficult.
Unlike some other forms of litigation, there isn’t a straightforward rule that the unsuccessful party will pay the other person’s costs.
In proceedings concerning children, costs orders are unusual, although the court retains discretion to make one in appropriate circumstances.
Financial remedy proceedings have their own rules. The general position is that each party bears their own costs, but the court can make a different order where a party’s conduct justifies it.
Every case is different, so obtaining advice on your individual circumstances is important.
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