Deferring the payment of legal fees in divorce

Hart Reade recognise, particularly in times of recession, that many will find it difficult to fund their divorce case because they are unable to access assets until a settlement is reached. As a result there is often concern about paying for the expert legal advice necessary to formalise matters even when an agreement on finances has been reached in principle. Accordingly in appropriate cases where clients cannot afford to fund fees, we now help with deferring the payment of legal fees in divorce until the conclusion of the case, which can extend to the completion of the sale of a property.

  • Guy Brown

    Co-Head of Department, Partner

  • Alexandra Funnell

    Co-Head of Department, Partner

  • Kate Lacey

    Associate Solicitor

  • Tina Ripley

    Associate Solicitor

  • Greg Saunders

    Partner

  • Danielle Archer

    Chartered Legal Executive

Why we have introduced this

We have introduced this facility in response to requests from a growing number of clients. To allow access to specialist expert legal advice when they need it most – during the divorce and financial negotiations. There are certain requirements for the provision of security, but charging rates are unaffected.

We firmly believe in providing complete transparency on legal costs. We give a costs estimate at the outset of the matter which is then monitored and updated to you as the case progresses. Additionally, we will send regular accounts to keep you up to date.

Estimated costs

We offer cost effective advice. Clients can decide on our level of involvement. For example instructing us on a consultancy basis to provide background advice whilst they are negotiating directly with their spouse; formal instructions to advise and assist during negotiations and/or mediation; or representation in Court proceedings. Whatever service you choose, you will be able to make an informed decision based on our best estimate of the costs involved.

We have a track record of adding value for clients. Giving high quality expert legal advice from experienced solicitors. Hart Reade do not allow unqualified staff to give advice. Experience and professional training is essential in an area of law where a steady hand and clear advice is required. We handle matters ranging from simple and straightforward cases involving modest assets, to high net worth individuals. All of our solicitors undergo ongoing rigorous training to keep up to date with the many and frequent developments in this field.

If clear and pragmatic advice can be given at the outset, in line with a client’s objectives and instructions, significant costs can be saved because, most often, Court proceedings can easily be avoided and amicable settlements can be readily reached, particularly in the early stages before positions become entrenched.

Deferring payments

The arrangement of deferring the payment of costs is not necessary for all clients but there are an increasing number of middle income families who need assistance in this way because, for example, they do not qualify for public funding. Or understandably cannot afford to pay for solicitors from their income whilst the case is ongoing and would need to make a payment from the sale of an asset. Those clients are no longer denied advice. The costs in any event can be modest if sensible advice is proffered at the outset. So that a fair and sustainable agreement can be quickly reached.

We believe, if you take advantage of one of our free 30 minute appointments, you will be reassured as to the service we provide. Not only for the quality service that we offer, but the fact that full information will be given in respect of costs.

If you are looking at deferring the payment of legal fees in divorce, we would therefore like to invite you to contact us to arrange a meeting without obligation.

Get in touch

If you wish to speak to any of the family law team about subjects such as divorce, financial resolution, or anything else relating to family matters and civil partnerships, then please get in touch. You can call us on one of the numbers below to arrange an appointment or please fill in the form below and someone will get in touch.

Telephone one of our offices

Please telephone the following numbers to arrange an appointment:

Eastbourne: 01323 727321

Hailsham: 01323 841481

Polegate: 01323 487051

We will maintain complete confidentiality and discretion at all times.