A level playing field for the payment of legal costs

Often when people are faced with separation, the desire to take any legal steps is dampened by fear of what it would all cost.

At OFRM our many years of family law experience means we have we work with you to make sure you have a clear understanding of what are the options regarding legal costs and how we can work together to make sure suitable arrangements are in place, including various arrangements for payment.

Despite all of that, sometimes there is a lingering concern by a party to family law proceedings about is there an unlevel playing field if one party has access to better resources to pay their legal costs.

Unlike a lot of other types of court proceedings, under the Family Law Act, each party pays their own legal expenses unless the Court otherwise orders.

So, is it fair that one party can use accumulated savings from the relationship or sell an asset otherwise available for distribution, to pay their legal expenses when the other party can’t? Family Courts recognise that it is not.

Where one party has control of money, the court can order that a portion of that money be applied to one or both parties for payment of outstanding or anticipated legal costs. There can be orders for the sale of particular assets with the proceeds of sale applied in the same way.

If at the end of a property settlement negotiation or a trial it becomes apparent that one party has already paid for their legal expenses from money or sale of an asset that would otherwise be available for division those funds can be notionally “added back” to the asset pool.

It is very important that you engage a lawyer who can ensure that you are not disadvantaged in the payment of legal costs so that you can negotiate on an equal footing.

You can discuss this further with OFRM Accredited Family Law Specialist and director Sam McGee. Sam can be contacted on 03 5445 1040 or 0408 300 105 or you can book an appointment online.