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Who pays my legal fees if I divorce?

For many people, finding the money to pay for their legal fees presents a real financial challenge and for the person who is not in paid employment, a real fear.  At Counsel Family Lawyers we work with our clients and explore all options to address the vexed issue of the affordability of legal services.

We realise that the last thing you want to do is be forced down a path based purely on whether or not you can afford to leave your relationship and be forced to stay in a relationship for the wrong reasons.

It is common for clients to have to borrow funds from family or friends in order to be legally represented and others have to fund the fees from their income or from credit cards, redraw facilities, commercial lenders i.e. litigation funders or other forms of bank loans. There are better ways than others to borrow these funds in a family law litigation matter and at Counsel Family Lawyers we can advise you on how best to do this in your specific circumstances.

Section 117 of the Family Law Act 1975 (Cth) states that couples who separate and go to Court will usually pay their own costs. However, it is possible to be awarded an order for your costs in certain circumstances, at the discretion of the Judge.

Section 117(2) of the Act provides the Court the power to make an order for costs if “the court is of opinion that there are circumstances that justify it in doing so”. Section 117(2A) of the Act contains a list of factors to be considered by the Court when determining whether one party should be ordered to pay the costs of another. These include matters such as a party’s conduct as a litigant throughout the proceedings, the financial circumstances of each party, any written offer and whether a party has been wholly unsuccessful.

Please contact Alex Finemore at Counsel Family Lawyers to find out about how making an offer before going to Court might save you money on legal fees or send an email to [email protected]

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