Funding Legal Fees on Divorce

January 3, 2019

Tags:

As the New Year begins, it is not uncommon to reflect on how this year will be different from the last. If you are in a troubled relationship your thoughts may turn to how to manage the divorce and separation process, who will help to manage that process and ultimately how much it is likely to cost. The latter may weigh heavily on most people’s minds and can sometimes be a barrier to securing the support that an experienced family lawyer can provide. So what options are available to help fund legal fees on a divorce?

Planning and securing funding for your legal costs should be considered straight away.  A range of funding options are available and further detail can be found on our dedicated Funding Your Legal Fees webpage.

The most common options

  • Pay as you go from your own resources

Legal fees are generally due and payable as and when a bill is issued. They can be settled by you from your own income or savings.

  • Help from family and friends

Where your own funds are insufficient, family and friends may be in a position to either (i) give you the funds, or (ii) lend you money by way of an informal loan.

  • Commercial loans

You should always take financial advice from an IFA or qualified financial planner to identify which commercial loan might be best suited to you. There are a number of factors that will need to be taken into consideration when choosing which commercial loan is best for you. As family lawyers we are not able to give you advice on commercial loans.

  • Specialist legal fee loan providers

If you are involved in family law proceedings or litigation, you may be eligible to apply for a loan from a specialist legal fee loan provider.

  • Your former partner may pay the bill

Your former partner or spouse may be in a position to pay your legal fees, on a voluntary basis.

  • A court order for interim financial provision

If your former partner or spouse is unwilling to pay your legal fees voluntarily but clearly has the means to do so, you may be able to apply for a court order to oblige them to do so. There are a number of conditions that will need to be considered before an order can be made, however. Making such an application will incur costs and you are unlikely to be able to recover all of your costs.

Worrying about how you will pay for your legal fees can be a cause of great anxiety when you are going through a relationship breakdown. Where your own personal funds are limited, identifying which sources of potential funding might be available to you will be an important exercise. Our specialist London divorce lawyers are able to work through this process with you, enabling you to focus on resolving matters with your former partner or spouse.

For more detail, please see our Funding Your Legal Fees webpage or contact one of our experienced family law solicitors on 020 7420 5000 or by email at hello@flip.co.uk.