Not every expense is recoverable. The court is strict: only costs directly related to the financial remedy proceedings are claimable. This includes solicitor and legal executive time, barrister (counsel) fees, court charges, expert valuations (such as property or pension reports), and reasonable travel expenses for attending hearings or meetings. Costs for unrelated matters—like children proceedings, divorce itself, or personal time—should not be included on Form H.
A common area of confusion is mediation. If mediation was undertaken specifically to resolve the financial dispute, those costs may be included, but only if they are reasonable and proportionate. Always check whether the mediation was court-ordered or voluntary, as this can affect whether the court will consider those costs.
Record-Keeping Best Practice
Accurate record-keeping is your best defence against disputes and surprises. Start a running spreadsheet from the outset, logging every invoice, receipt, and payment. This should include not just legal bills, but also court fees, expert invoices, and travel receipts. If you’re using professionals, request itemised bills—this helps you understand exactly what you’re being charged for and can be invaluable if the court queries your costs.
Before every hearing, update your Form H. This is not a one-off document: the rules require you to provide a current and accurate estimate of costs at each stage. Failing to do so can undermine your credibility and, in some cases, bar you from recovering costs later.
The Risk of Under-Estimating
It’s tempting to be optimistic about costs, especially if you’re hoping for a quick settlement. However, underestimating can backfire. Self-represented parties often forget to include mediation fees, barrister’s fees for specific hearings, or the cost of expert reports. Judges are wary of unrealistic budgets and may scrutinise your figures if they seem too low or too high. A conservative, well-documented estimate is always preferable to a vague or overly hopeful one.
If you’re unsure whether a cost is claimable, err on the side of caution and include a note explaining your reasoning. The court can always disallow a cost, but it’s much harder to add something in later if you’ve left it out.
Costs Orders: When Might You Recover Your Costs?
Under Rule 28.3 of the Family Procedure Rules, the general rule is that each party pays their own costs in financial remedy proceedings. However, the court can make a costs order if it finds that a party has litigated unreasonably—for example, by failing to comply with court directions, refusing to negotiate, or causing unnecessary delay. If you’re seeking a costs order, expect the judge to scrutinise your Form H closely. Any discrepancies, omissions, or inflated figures can undermine your application.
It’s also worth noting that costs orders are the exception, not the rule. Even if you win your case, you may not recover all your costs unless the other party’s conduct has been particularly unreasonable.
Common Pitfalls and How to Avoid Them
Forgetting to update Form H: This is a frequent mistake. If your costs have changed since the last hearing, submit an updated Form H as soon as possible.
Not keeping receipts: The court may ask for proof of any expense you claim. Without receipts or invoices, you risk having those costs disallowed.
Including non-recoverable costs: Double-check that every item on your Form H is directly related to the financial remedy proceedings.
Overlooking small expenses: Even minor travel or postage costs can add up over time. Log everything from the start.
Did you know?
Failing to update Form H can bar you from recovering costs later, even if the court finds in your favour.
Stay in control—use Caira to track costs automatically and generate ready-to-file Form H updates, so you’re always prepared for the next hearing.
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Disclaimer: This blog post provides general information for educational purposes only. It is not legal advice. Outcomes can vary based on your personal circumstances.
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