Sadly, not all relationships last. Many couples are able to successfully negotiate the division of their assets and care…
Generally speaking, the Family Court and the Federal Magistrates Court subscribe to the mantra that each party shall bear their own costs of proceedings, but how can you pay your legal representatives if one of the parties to the relationship is in the position of financial dominance over the other?
There are 3 possible scenarios that can take place:
- Attempt to get consent from the other side for a joint draw down of funds (from the pool of matrimonial assets) to be placed into each solicitor’s trust account. A joint drawn down of funds will not be any more or less favourable to one side than it will be to the other. It is usually the case that both parties will be relieved that the immediate financial burden of being able to pay your legal team is removed.
- The next step might be to enquire about a litigation loan. Many financial institutions offer funding for litigants prior to settlement actually occurring.
- The final step is to head to Court. The Family Law Act 1975 provides the Court with the authority to order the financially dominant party to provide the other party with sufficient funds to be able to prosecute their case. This is commonly known in legal circles as a "Hogan Order" and ensures a level playing field for each party. It is so named after the leading case in this area of law.
Find out more about affording Divorce legal fees here.