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Going through a divorce or separation can be very difficult emotionally. Compounding this stress can be worries about how you might pay your legal fees.
Spousal Maintenance
It is common for one spouse to have a lower-paid job than the other or, perhaps, not work. On separation, many couples agree on a level of maintenance (including child maintenance and spousal maintenance) to assist the lower paid or non-earning spouse financially. However, in some cases, this cannot be agreed upon. It may then be very difficult for that person to afford the cost of day-to-day living and their legal fees.
You can make a court application for spousal maintenance, known as “maintenance pending suit”, which is essentially an interim order for a sum of money to be paid to you, usually each month. The court will consider the application at an early stage of the case and take a broad-brush approach in deciding on the level of interim maintenance. At a later stage in the case, the court can make final spousal maintenance orders, which are more forensically analysed.
Legal Services Order
You can also make a court application for a Legal Services Order. If ordered, this would mean that your spouse would have to pay your legal fees or at least a contribution towards them.
Legal Services Orders are usually seen as a last resort, and it would have to be shown that you have tried to obtain funds in another way first, such as by borrowing.
Litigation Funding
One way of borrowing money to pay your legal fees is via a litigation funding provider. This is something that can be considered early in your case and even before court proceedings are issued.
At Myerson, we are able to consider litigation funding with a third-party provider. These loans carry interest usually between 18 and 25% APR variable. Depending on the provider, the interest on the amount borrowed can be paid by you either monthly or rolled over to the final payment. The loan is repayable in its entirety at the end of the case or within a certain time frame, whichever is the earliest date.
Please note that litigation funding is not available for disputes relating to children unless there are concurrent financial issues and there are sufficient capital assets available to repay the loan at the end of the case.
Here to help
If you would like any further information about your funding options, you can contact our specialist Family Law solicitors below.