Private Law

Funding Your Case

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Funding your case

We offer fixed fee divorces where the proceedings are uncontested and straightforward. This means you will have the security of knowing in advance how much your divorce is going to costs.

If you are the Petitioner, the fixed fee for a divorce will be £550 from beginning to end, plus VAT at 20% plus disbursements (usually only the Court fee).

As a Respondent to a divorce, a fixed fee is £200 plus VAT and disbursements.

Disbursements are items or services that have to be paid for separately to the divorce such as translation costs, Court fees, process server fees.

The fixed fees cover divorce decree proceedings only, and do not extend to issue concerning children or financial matters.

Issues relating to children or financial or property matters are charged on an hourly basis, which we will discuss with you at our initial meeting, as well as giving you estimate of the likely costs of your case, so that you can budget.

Whatever your family law issue, we will be honest and open about all the costs involved, so that you can make an informed decision from the outset of your case. We will keep you updated regularly on costs, and update cost estimates if needed, as your matter progresses.

There are a number of ways you can fund your case, which include:

A litigation loan – a lender will assess, with our help, the likely outcome of your case and in particular the level of settlement you may receive. Then if you meet with the lenders criteria, they will release money direct to your solicitors to discharge legal Bills as and when they become payable. Then when you receive your financial settlement, the money can be used to pay off the loan. There are however, strict criteria for potential borrowers, and lenders often require assurances that the final settlement will be in excess of a threshold figure.

A personal loan – you may choose to borrow money from a commercial third party, as a short term measure to cover the costs of your divorce until you receive a settlement.

Borrowing from family members or friends – family members or friends sometimes offer to help with legal costs during this difficult time. Whilst this can be very helpful, you need to be aware that the Court may view these loans as “soft” loans, and consider them closer to a gift, which will not need to be repaid immediately, or at all. This could leave you in difficulties if you have promised to repay a family loan. So we would recommend that if you are going to borrow money from family to fund your case the loan is recorded in a formal loan agreement stating an agreed rate of interest and a date for repayment. This may help in persuading the Court that the loan does, in fact, have to be repaid.

Private income or savings – this is a good method of funding as it is an accessible financial resource if you are fortunate enough to have these.

Credit card or overdraft – it might be helpful to use credit cards or overdrafts for legal costs with the intention of repaying them when you receive your settlement. Sometimes nil rates on credit cards can be secured in the short term.
Payments from your spouse – if you are in urgent need of money before you and your spouse/partner reach a settlement, you can apply to the Court for a Court Order that requires your spouse to make regular payments that meet your financial needs until the divorce is finalised, and this can include a contribution towards your legal costs.

We can help, so if you are considering funding options we will be happy to discuss them with you in more detail.

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