Help with Fees for divorce: who qualifies and how to apply

Help with Fees is the government scheme that pays some or all of your divorce court fee if you have little in savings and get certain benefits or have a low income. Apply online first, get a reference number, then use it on your divorce application so you don't pay the £628 fee upfront. Paper applications use form EX160.

It isn't only for the divorce itself. The same scheme can cover the £62 fee for a consent order, the £321 fee to ask the court to decide your finances and the £270 fee for a child arrangements order. Here's how to work out if you qualify, and how to apply.

What does Help with Fees cover?

Help with Fees can reduce most court fees, including all the main fees in a divorce. You need to apply separately for each fee (GOV.UK), so if you apply for a consent order later in your divorce, that's a new application.

Source: GOV.UK, Family court fees (EX50). Our page of every divorce and family court fee lists the rest, with the dates they last changed.

Who qualifies for Help with Fees?

You qualify if you pass a savings test and then either get a qualifying benefit or pass an income test. GOV.UK's online checker takes you through it in that order.

Step 1: the savings test

For any fee of £1,420 or less, which covers every fee in the table above, you must have less than £4,250 in savings and investments. If you or your partner are 66 or over, the limit is £16,000 (Family Proceedings Fees Order 2008, Schedule 2). Savings include cash in bank and ISA accounts, shares, bonds, lump sums such as redundancy pay, and equity in a second home. They don't include your pension, your wages or benefits, student loans, or the value of a self-employed business (EX160A guidance).

The important rule for divorce: your husband's or wife's savings don't count if your case is against them. Your share of any joint savings does. And if you're permanently separated and not living with a new partner, the guidance says to apply as single.

Step 2: benefits

If you pass the savings test and get any of these benefits, you won't usually pay the fee at all (GOV.UK):

• income-based Jobseeker's Allowance
• income-related Employment and Support Allowance
• Income Support
• Universal Credit, if you earn less than £6,000 a year
• Pension Credit (guarantee credit)

Step 3: the income test

If you don't get one of those benefits, the court looks at your gross monthly income, which is everything you earn before tax plus any other payments you receive. You can use either last month's income or your average over the last three months, whichever is lower (GOV.UK). You get full help if your income is at or below the threshold for your household:

Above the limit you may still get partial help. You pay 50% of the first £1,000 of income over the threshold, 70% of the next £1,000 and 90% of the next £1,000, up to the full fee. If your income is more than £3,000 over the threshold, you pay the whole fee (Family Proceedings Fees Order 2008, Schedule 2).

A worked example

You're separated, living alone with one child aged eight, and earn £2,045 a month before tax. Your threshold is £1,420 plus £425 for your child, which is £1,845. You're £200 over, so you pay 50% of £200: £100. Help with Fees covers the other £528 of the £628 divorce fee. The government's EX160C calculator will do this sum for you.

If you're separated and not living with anyone new, you apply as single, and your ex's savings and income stay out of it.

How do I apply for Help with Fees for my divorce?

1. Apply online on GOV.UK before you submit your divorce application. Have details of your savings, benefits and income to hand (GOV.UK).
2. Note your reference number. Applying online gives you a Help with Fees reference number.
3. Enter the reference on your divorce application in place of paying, so you don't pay the fee upfront (GOV.UK).
4. Send evidence if asked. If the court asks for proof of income and you don't send it within 28 days, your application is treated as abandoned (EX160A guidance).
5. Pay anything left. Depending on the decision, you may be asked to pay some or all of the fee.

If you'd rather use paper, fill in form EX160 instead. A paper form doesn't give you a reference number, so to avoid paying upfront you'll need to apply for the divorce by post and send the EX160 with it (GOV.UK).

What if we're applying for a joint divorce?

You must both apply for Help with Fees, and you must both be eligible. If your husband or wife doesn't qualify, or doesn't apply, you'll have to pay the full fee (GOV.UK). If only one of you would qualify, it may make sense for that person to apply alone as a sole applicant, so the help applies to them. Our guide to no-fault divorce explains the difference between sole and joint applications.

Can I get a refund if I've already paid?

Yes, if you paid in the last three months and you'd have been eligible at the time. Give your savings, benefits and income as they were when you paid, not as they are now (EX160A guidance). The time limit can be extended only if there's a good reason (Family Proceedings Fees Order 2008, Schedule 2).

What other help is there with divorce costs?

Help with Fees covers court fees only, not solicitors' or mediators' bills. For those:

• legal aid can cover mediation, and advice on divorce, finances and children if you've been in an abusive relationship (GOV.UK)
• the Family Mediation Voucher Scheme can pay up to £500 towards mediation about children: see what divorce mediation costs
• many family solicitors offer fixed-fee appointments: see do I need a solicitor for divorce?

To see what your whole divorce is likely to cost, read how much a divorce really costs or use the divorce cost calculator. If money is tight because of the separation itself, our guide to divorce and benefits covers what you might be entitled to.

Common questions

Sources

1. GOV.UK, Get help paying court and tribunal fees
2. GOV.UK, How to apply for help with fees (EX160A), published 19 January 2026
3. legislation.gov.uk, Family Proceedings Fees Order 2008, Schedule 2 (remissions)
4. GOV.UK, Get a divorce (printable guide)
5. GOV.UK, Family court fees (EX50), updated 13 July 2026
6. GOV.UK, Apply for help with court and tribunal fees: form EX160
7. GOV.UK, Fee remission calculator (EX160C)
8. GOV.UK, What you can get legal aid for

Keep reading

This guide is general information, not legal or financial advice. Laws, fees and figures change, so check the sources above and speak to a qualified professional about your situation. Facts checked 20 October 2026.