Deferring the payment of legal fees in divorce

deferring 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.

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.

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Please note the above is for information purposes only and is intended to be a short summary.  It should not be treated as a comprehensive guide and should not be acted on without qualified legal advice.

Further Legal Information

Click on the links below for further information on the following areas:

Divorce and Family Finance

Pre-Nuptial Agreements

Unmarried Couples


Collaborative Law

Mediation Services

Alternative Dispute Resolution (ADR)

Representation in Court Proceedings

Our Team

Costs – General Information

Deferring Fees in Divorce