Introduction to paying for your living costs and legal fees
It is not uncommon for one party in a relationship to have all the family assets in their sole name and to control the family finances. Often they will pay their spouse, who does not have any other income, an ‘allowance’ or provide them with access to a credit card or a joint bank account fed with limited funds to meet day-to-day living expenses. In the case of divorce proceedings being issued, some parties will attempt to cut off their spouse’s access to money, the effect of which is that the dependant spouse will not have funds to meet living expenses or legal fees. Most solicitors will advise clients who have a financially-dependant spouse that they have an obligation to make financial provision for them but this advice is not always immediately accepted. Where a party refuses to make sufficient financial provision for a financially-dependant spouse or the dependant spouse asks for an unreasonable sum, the matter is likely to come before the court. For more details please refer to our guide to paying for your living costs and legal fees.
How Vardags can help obtaining funds for your living costs and legal fees
We are regularly faced with the issue of a claim for interim maintenance, acting for either the person making the claim or the person receiving the claim. We will provide expert advice on what is a reasonable amount to expect to receive or to pay. We will also guide you through the procedure and explain the risks where agreement cannot be reached. We may also be able to help you to secure a litigation loan and we have an excellent relationship with many litigation loan providers. The normal rule in family proceedings is that each party bears their own costs. However, this rule does not apply to maintenance pending suit applications. There is a risk that if you lose such an application to a level worse than you have openly offered or had offered to you, not only will you have to pay your own legal costs but also some or all of the other party’s costs. Conversely, if you are successful you may have your costs paid. It is therefore essential that you obtain expert legal advice on your position.
The first step is to arrange a meeting with one of our solicitors. Therefore, please call us on 020 7404 9390 or email us to make an appointment to come and see us.