How to pay legal fees on divorce or dissolution

Money Advice Service

When you get divorced or dissolve your civil partnership, there will be costs to pay. Unless you qualify for state help, you and/or your husband, wife or civil partner will have to pay them. If you can’t pay them from your savings or income, you may have to look at other options.

You might not have to pay court costs, or might only have to pay part of them.

It will depend on how much savings and income you have.

England or Wales

Legal aid is no longer available to pay the legal costs of divorce or dissolution unless there’s been domestic violence or child abduction.

However, you can apply for legal aid to pay for mediation, although this is means-tested.

Northern Ireland and Scotland

Legal aid might be available to pay towards the legal costs of divorce or dissolution.

You will be assessed on the basis of how much income and savings, investments and valuables you have (not including your main home).

You might also be able to get legal aid if you receive certain benefits.

If you live in Northern Ireland, check if you can get legal aid with nidirect, or find out about help with court fees on the Department of Justice website.

If you live in Scotland, you can check if you can get legal aid with SLAB, or find out about help with court fees on theScottish Courts and Trbunals website.

You can read more in our guide How much does divorce or dissolution cost?

Paying your solicitor’s fees

Ideally, you should have enough savings or income to pay your solicitor’s fees, but this might not be realistic for many.

If you can’t pay the fees upfront, there are several other options.

But think carefully before you borrow and don’t take out a high-cost loan.

This could be hard to repay when you are already experiencing higher costs due to your separation.

Paying from your financial settlement

Some law firms will let clients pay their legal fees when their divorce or dissolution has been finalised and once they have reached a financial settlement.

This type of funding is sometimes called a ‘Sears Tooth agreement’ in England, Wales or Northern Ireland after the law firm that first offered it.

In Scotland, it is known as a ‘solicitor’s lien’.

Not all legal firms will offer this option, and those that do will not offer it to all their clients. But it is worth asking about.

If the family home has to be sold as part of your financial settlement, your solicitor might let you pay the legal bill from the proceeds of the sale.

You would have to sign an ‘irrevocable mandate’ (this means you can’t cancel it).

It instructs the solicitor selling the house to pay any outstanding legal fees to your divorce or dissolution solicitor before passing the rest of the money to you.

If you can’t pay your legal fees, a court can order your ex-partner (husband, wife or civil partner) to pay them.

The amount they pay would be taken into account when working out a financial settlement.

This isn’t something that courts routinely do, but they do make these orders in some cases.

You would normally have to show that you have explored every other option to finance your legal fees and that your ex-partner has the means to pay.

There are costs associated with it.

Funding from your ex

Your ex-partner might not be an obvious source of funding for legal fees.

But, in some cases, one partner will agree to pay the other’s fees (without the court ordering this) in order to get the finances settled quickly.

You and your ex-partner might agree this, or your solicitor might ask them on your behalf.

Borrowing from family or friends

You might be able to borrow from family or friends and it might be cheaper and much easier than borrowing from a bank, building society or other loan provider.

Make sure you get a formal agreement drawn up or the court might not take the loan into account when considering how to divide the finances between you.

You should also be sure that you can pay the money back. If you can’t, it could harm the friendship or family relationship.

0% interest credit card

A credit card that charges 0% interest on purchases means you pay no interest on your spending for a limited time – typically three to 12 months.

The longer the 0% interest deal runs for, the longer you have to pay it off without being charged interest.

You will normally only qualify for these cards if you have a very good credit rating.

You should only borrow what you need and you should try to pay off what you’ve borrowed as quickly as you can.

Divorce or dissolution loans or litigation loans – England, Wales, Scotland

You might be able to apply for a loan that’s especially designed to pay for the costs of divorce or dissolution.

At the moment, very few firms offer these (not currently available in Northern Ireland), but it’s worth asking your solicitor if they know of firms that do.

The lender will assess the prospects of your case and the likely level of your settlement.

If their lending criteria are met then they will release the funds direct to your solicitor to cover legal fees as they fall due.

The advantage over a traditional loan is that you have a pre-agreed maximum loan and only borrow what you need as your legal costs rise.

Once your divorce or dissolution is finalised, the loan will be redeemed from your financial settlement before any funds are released to you.

Find out:

  • If there are any set-up fees
  • How much interest you will pay
  • Whether the lender requires any security to be given, and
  • Whether you can pay off the loan early without having to pay an early repayment charge

Personal loans

You might be able to take out a personal loan from a bank, building society or other loan provider.

The amount you might be able to borrow and the interest rate will depend on your own circumstances and the lender you apply to.

The interest rate and monthly payments will be fixed and the loan will run for a set term.

However, you can normally make extra payments to pay off your loan more quickly without incurring large early repayment charges.

For more information, read our guide on Personal loans.

Credit unions

As an alternative to a bank or loan provider, you might be able to borrow from a credit union – a community saving and loans provider owned and run by its members.

The interest they can charge is limited by law, so it will be much cheaper than other short-term loans, such as a doorstep or payday lender.

Other funding options

Check your home insurance policy, which might include cover for legal expenses.

If you belong to a trade union, it might provide support for legal fees.

Your next step

This article is provided by the Money Advice Service.

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We want you to understand the positives, but also the limitations of using our site. We operate in a journalistic manner and therefore all information, guidance or suggestions provided are intended to be general in nature, and you should not rely on any of the information on the site in connection with the making of any financial decision.

When we set out to build Rest Less Money, we wanted to be a trusted place where you could find helpful information about financial matters affecting the over 50s. As a free to use resource, we try hard to provide the best information we can, but we cannot guarantee that we won’t occasionally make mistakes. So please note that you use the information on our site at your own risk, and we can’t accept liability if things go wrong.

Key things to remember when using Rest Less Money:

We do not offer financial advice – As a journalistic site, it’s important to know that we do not provide financial advice. You should always do your own research before choosing any financial product so that you can be certain it is right for you and your specific circumstances. If you are in any doubt, please seek professional financial advice from a regulated financial advisor.

No Liability – please note that you use the information on Rest Less Money at your own risk and we can’t accept liability for how you choose to use the information given on our site. We will often provide links to content or products and services available on other third-party websites. These are provided purely for your convenience and we cannot be held responsible for any content, or any of the products and services offered on any website that we link to.

 

Accuracy of Information – We try to make sure that all the information provided on Rest Less Money is correct at the time of publishing as we want it to be the most helpful resource possible. Sadly, we are not perfect however, and so we can make no guarantees as to the completeness, accuracy, adequacy or suitability of the information available on the site.
Whilst we work hard to try and provide accurate information, deals and prices can change, so whilst they may be correct at the time of writing, providers may subsequently decide to alter them later – so always double check first.

A final note on the Rest Less Community Forums – always remember that anyone can post their opinion on the Rest Less Community Forums, so it can be very different from our own opinion and may not be factual or well researched. Always be wary of any content posted on the forums and be sure to do your own research and due diligence on anything suggested. 

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