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Insight > Divorce and family FAQs > How can I fund my legal fees if my partner has prevented me having access to family resources?
How can I fund my legal fees if my partner has prevented me having access to family resources?
How can I fund my legal fees if my partner has prevented me having access to family resources?
If one person has access to assets and resources to meet their living expenses and legal costs but the other spouse does not this will result in an uneven playing field as one person is able to hire a legal team and expert assistance where-as the other person cannot unless they can access credit, loans or borrow funds from friends or family. The court is aware of this imbalance and can make orders requiring the person who has access to funds to make money available to the other. The application is for a legal services order, which results in a payment being made from one spouse to the other to enable that spouse to access legal assistance.
It is important to make the application early as it can be difficult to recover costs already incurred. You will also have to show that you have exhausted all other funding options available to you, including whether you have any of your own resources which would be reasonable to use to meet this need and whether you have made enquiries to borrow the funds from a litigation loan provider.
Litigation funding involves taking a loan to meet legal fees on the basis that you will use your financial settlement (when your claims have been resolved) to pay the loan. You would need to take specific advice regarding the terms of the loan before doing so. Where one party has refused the other access to funds and as a result they have secured a loan and incurred interest, the court may order that the person who refused to provide support is responsible for the interest payable. This will depend on all the circumstances at the time.
If you are in a position where you are unable to obtain legal advice because your access to assets and resources is being restricted, you should seek initial advice urgently. We have extensive experience obtaining legal funding orders.
In these FAQs and answers, we use 'England' as a shorthand for 'England and Wales' because England and Wales share a single legal system. Scotland, meanwhile, is a different legal system and has different rules for many aspects of family law.
We have also chosen to talk about 'marriages' most of the time (which may be between either an opposite or same-sex couple). Unless we say otherwise, what we have said is also true of civil partnerships (which may also be between an opposite or same-sex couple).
These FAQs (and our website more generally) contain general information based on English law as it stands at the date of publication, but they do not constitute legal advice, nor are they tailored to any couple or family's particular circumstances. Whilst we endeavour to ensure it is accurate and up to date, website users should seek appropriate legal advice before taking or refraining from any action based on the content of the website. We would, of course, be willing to assist with this, and you can contact us here.
Any pricing information is similarly general. Our clients' relationship with us is governed by the terms of the engagement letter sent to them at the beginning of their instruction.
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Our team of divorce law solicitors are on hand to help and support couples who are thinking about divorce. Speak to one of our experts confidentially by phoning Sarah on the number below, or complete our online enquiry form and we will contact you directly.
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