As a general rule of thumb, costs are not usually awarded in family proceedings. This is because family proceedings are not of the litigious norm, where the loser pays the winners costs. In divorce proceedings, you can ask for the other side to pay your costs, and for the cost to be shared equally. In financial remedy proceedings, the court can make an order for costs but this is very rare and only in certain circumstances. In child proceedings, it is at the court’s discretion as to whether they make an order for the other party to pay your costs. As I’ve just explained, it is not usually the norm in family proceedings for the other party to pay your costs, however, we’ll be able to advise you when it may be necessary to make that application for the other side to pay your costs.
