1. Apply for a fee waiver

Fees and funding

Apply for a fee waiver

Where to start
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Overview

If you think you qualify, you can ask the Family Court to waive your application fee or give you a refund if you’ve already paid your fees. To do this, you will need to complete a fee waiver form.

Reasons the court may waive your application fee

The court may waive your application fee for the following two reasons.

You’re unable to pay the fee

This may apply to you if:

  • you’re getting legal aid or using the Family Legal Advice Service
  • you’re on a benefit or living off your superannuation
  • the court believes that paying the fee will cause you financial hardship.

Public interest

This may apply to you if the outcome of your case would affect more people than just the people involved. For example:

  • a charity taking a case to court that is likely to benefit a group of people
  • a case in a new area of law that is likely to clarify issues for the wider community.

How to apply

1

Understand what you need

Use a BLUE or BLACK ballpoint pen if you complete the forms by hand.

It can take several weeks for a fee waiver decision. If you want your case to continue while you wait for a decision fill in the section called ‘Ask for processes to continue while this form is being processed’.

If you want the forms sent to you, freephone the Ministry of Justice on 0800 224 733. You can also pick them up from the court.

Find your nearest court

You must print the forms single sided.

3

File your application for a fee waiver

If you’re applying for a fee waiver, you can file this at the same time as your application form. You can file your application for a fee waiver or refund electronically or in person.

How to file documents

Court staff will contact you if they need more information.

After you apply

A registrar or deputy registrar will look at your fee waiver application. They’ll contact you and let you know if the fee is waived, or if you still need to pay the fee.

It may take several weeks for your application to be processed.

If you’re unhappy about their decision, you can ask to have to have it reviewed by a judge. You’ll need to do this within 20 working days of being told about the first decision.

Feeling overwhelmed?

Going to Family Court can be hard. It's normal to feel overwhelmed. There are services available to help and support through this time.

Visit our help page