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Can costs be awarded even in an uncontested or amicable family case?

TSL Written by the Treadstone Law team· Updated August 2026

Costs are far less commonly an issue in a genuinely uncontested or amicable case, since costs disputes usually arise from contested steps like motions or trials, and a fully uncontested case may not involve any of those. That said, costs can still come up even in an otherwise amicable file — for example, where one party incurred legal fees dealing with a specific issue that required court involvement before the rest of the matter settled, or where a joint application still involves filing fees and modest costs that the parties address by agreement rather than a contested costs motion.

In practice, parties resolving matters amicably usually address costs themselves as part of their overall settlement, agreeing that each side bears their own costs or splitting specific expenses, rather than leaving it to a judge to decide. Where the case does remain uncontested throughout, with no motions or hearings, a formal contested costs award is uncommon simply because there's rarely a disputed step for a court to assess. Anyone with cost concerns in an otherwise cooperative case should raise them directly as part of the settlement discussion rather than assuming they'll be dealt with later.

Key takeaways

  • Costs disputes usually arise from contested steps, which a fully uncontested case may lack.
  • Costs can still arise where one specific issue required court involvement before settling.
  • Amicable parties often resolve costs themselves as part of an overall settlement.
  • Raise cost concerns directly in settlement discussions rather than assuming they'll be addressed later.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone family lawyer can help.
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