Proceeding with Your Case
Every case and every client and their circumstances are individual. Cases can be simple or complex. There is no ‘one size fits all’.
We will work with you to try and keep costs to a minimum. We have to be proportionate as that is what our clients expect.
We always aim to keep matters amicable and constructive if we can as we are all Resolution trained. However sometimes the other side and/or their representative can be difficult. This can tend to increase fees as ‘disagreements take time and that means additional cost’.
We will aim to keeps costs to a reasonable level but we are, to an extent, reliant on ‘the other side’ being sensible.
We will tailor your costs to your particular needs. We always work on the principle of ‘you keeping your money rather than spending it on us’. For the options available see below.
Pay As You Go
It may be that you are able to pay our bills as you go from your income.
If you prefer to deal with your matter yourself rather than for us to represent you, you can simply pay for the time you spend with us as and when you wish to seek advice.
We would ask you to discuss this before making any such decisions, as it may have an impact on your case. You should also take independent financial advice before choosing this option.
Costs paid by the other party
It may be possible to negotiate at the start of your case that the costs are shared with the other party, or that the other party provide funds to cover your costs. If it is not possible to reach an agreement, in certain situations it is possible to make an application to court for the other party to pay a lump sum to cover your costs.
Borrowing from family and friends
We would advise that a formal agreement be put in place covering the terms of the loan, so that there is evidence of the loan and the need for it to be paid back. Without such evidence, the loan could be seen as a ‘soft loan’ and may not be taken into account in any financial settlement. We would also advise you to take independent financial advice before choosing this option.
Bank loan/credit card
We would advise you to take independent financial advice before choosing this option. It may be possible for the loan or credit card debt to be taken into account as part of the overall financial settlement but that will depend on the circumstances of the case.
There are companies which offer loans for divorce costs. This is usually on the basis that they would pay our costs during the case, and any payments to us would then accrue interest on the basis that you would pay back the costs to the loan company at the end of the case.
Such companies usually want security for such loans, for example, by putting a charge on your property. They would also want to have certainty that there will be funds to cover the costs at the end of the case, usually on the basis that part of the settlement would be that the property would be sold. We would advise you to take independent financial advice before choosing this option.
Legal aid/public funding
In 2013, the government all but removed legal aid for family matters. If we believe you may be eligible for legal aid we will signpost you to a firm that conducts legal aid work if you wish.
Some insurance policies have cover for legal fees. If you are not sure if you have this cover, we are happy to look at the terms and conditions of your policy.
Please see here for more details on costs: Costs for Family Matters