The Federal Opposition will today ask the Federal Court to strike out increases to the cost of getting divorced.

Earlier this month, the Government increased the court fees for divorce and a range of Family and Federal Court applications.

But a similar increase in the Federal Budget had been knocked back by the Senate, which is not due to sit for another two weeks.

Maurice Blackburn partner Rod Hodgson, who is representing Labor, said the Federal Court had granted an urgent hearing on the matter.

"It's urgent because the massively increased fees have been implemented already, within a short time after the Senate knocked them back," Mr Hodgson said.

The Government said it increased the court fees to help pay to run the courts, adding that Labor also increased court fees when it was in office.

But Mr Hodgson said the Government should have negotiated the increases through the Senate.

"If the court finds that the second version was in substance the same — and that's the phraseology in the legislation — as the first version that was knocked back by the Senate, then they will strike down the regulation," he said.

But according to the Government, Labor also increased costs by regulation when they had been disallowed by the Senate.