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costs and funding for divorce

Costs and Funding for Divorce and Separation

We are aware that concerns about the potential costs of legal fees can prevent people from obtaining the early professional advice they need. Paradoxically, early advice encourages you to engage with the process, enabling you to make informed decisions which can shorten your case and make it easier to obtain a settlement.

We therefore offer new clients a free initial half hour consultation with one of our experienced lawyers in our Arundel office or over the telephone. This will enable you to obtain some indication as to your rights and obligations and ensure that our team are the right fit for you. We will discuss what options are available to you and set out what our likely fees for that work would be going forward. Should you seek to instruct us, we will provide you with a bespoke cost estimate based on the facts of your case and your individual requirements. We are happy to discuss flexible pricing arrangements, including where appropriate, a fixed fee package or pay as you go service.

Clients are often concerned as to how they can pay legal fees during their divorce. There are a variety of approaches which may be taken:

Your own resources: You may have your own income or savings to pay your legal fees as and when they are billed.

Family members or friends: If a member of your family or a friend agrees to cover the legal fees, you will need to consider what information, if any, should be shared with them so that they can make informed decisions about the support they will offer. If the money is being loaned to you rather than given, it is crucial that you properly document these arrangements to increase the chances of the loan being recognised in a financial court case as a debt you have to repay. The obligation to repay needs to be clearly recorded in the documentation in order to persuade the court that it is a genuine loan.

Commercial loan: There are numerous commercial funding options available, as solicitors we are not permitted to give financial advice, you may wish to consider taking advice from an IFA or financial planner on your funding options.

Specialist providers: We have a good relationship with a number of finance houses which specialise in providing loans to fund litigation or family law cases. They can provide you with the funds to fight your case by way of a loan you pay back out of your final settlement. Such loans do not necessarily require security from you.

Your ex-partner pays voluntarily: If you don’t have the money to cover your legal fees but your former partner does, they might agree to pay your legal fees for you. This is particularly appealing when you might otherwise need to take out an expensive commercial loan to fund your fees, which would result in reducing the resources available for division. This agreement is unlikely to be open-ended and it is sensible to have a back-up arrangement in place in case your ex-partner decides to stop paying your bills at a crucial stage of the case.

Interim financial provision: If your ex-partner does not volunteer to cover your legal fees, with the result that you might not be able to pursue your case, it is possible for the court to order your ex-partner to meet your costs. This would require a separate application to the court and a hearing to decide the issue.

We can explore these options with you in more detail at your first appointment with us. Please contact one of our representatives in order to assess whether we are able to assist and to book your initial appointment. Call us today on 0207 936 6329 or complete our Contact Form and we will call you back.

Please contact our team by phone on 0207 936 6329, Email or by completing our quick contact form (below).


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