A Necessary Call to Action on Excessive Family Law Costs
- Falsely Accused Network
- 6 days ago
- 3 min read
By Michael Thompson, Founder, Falsely Accused Network
I read with great interest and broad agreement the recent article reporting Deputy District Judge Hodson’s scathing remarks on the “continued saga” of excessive legal costs in family law proceedings. (See link to full story at the bottom of the page) His commentary in DSD v MJW (Costs of mps) [2025] EWFC 119 (B) underscores what many of us in the support and advocacy space have seen far too often: legal costs spiralling out of control, to the detriment of the very families the system is meant to serve.
The facts of this case are almost staggering in their simplicity and wastefulness. A dispute over interim maintenance totalling at most £2,000 resulted in combined legal fees of approximately £13,000. Judge Hodson rightly asks: how can that ever be justified? His call for creative, pragmatic solutions to prevent such disproportionate costs is timely and essential.
At the Falsely Accused Network, we support individuals—often vulnerable and already under severe emotional and financial strain—who face the added burden of false allegations and drawn-out legal battles. We regularly see cases where disproportionate legal costs deepen the injustice, limiting access to fair representation and resolution.
While it is encouraging to see judges publicly acknowledge the problem, we need systemic change. Here are some practical steps that could help make legal support more affordable and accessible for everyone, particularly in family law:
1. Expansion of Fixed-Fee Services: We must encourage solicitors to offer fixed-fee structures, particularly for routine interim applications and procedural hearings. This gives clients cost certainty and prevents runaway billing.
2. Greater Use of Mediation and ADR: Early intervention through mediation or alternative dispute resolution (ADR) should be mandatory before interim applications, except in cases involving genuine safeguarding concerns. This approach can resolve disputes faster and at a fraction of the cost.
3. Simplified Procedures for Low-Value Claims: For financial applications involving modest sums, like in DSD v MJW, there should be a streamlined process—akin to the small claims track in civil courts—to minimise costs and procedural complexity.
4. Wider Access to Legal Aid: Although legal aid cuts have hit hard, we should push for a reassessment of eligibility, particularly for cases involving basic subsistence issues such as maintenance and housing.
5. Improved Transparency and Early Cost Warnings: Legal professionals should provide clients with detailed, realistic cost-benefit analyses at every stage, as part of their duty to protect the client's best interests.
6. Education and Empowerment: More resources should be made available to educate litigants in person (LiPs) so they can navigate straightforward issues themselves without needing to rely on costly legal assistance for every step.
Judge Hodson's frustration is shared by many of us on the frontline. It is not enough to criticise bad practice—we must transform the culture and structure that allow disproportionate legal costs to persist. As a support organisation, we at Falsely Accused Network are committed to working with legal professionals, policymakers, and service users to campaign for a family justice system that is fair, transparent, and, crucially, affordable.
The family courts are, by nature, a place of conflict and distress. But adding the stress of crippling legal fees to families already in crisis serves no one—least of all the children whose welfare should be paramount.
I applaud Judge Hodson’s plain-speaking judgment and hope it sparks renewed momentum for meaningful reform.
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Visit www.falselyaccusednetwork.co.uk or call us on 0204 538 8788 to get the support you deserve.
Link to legal futures article
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