Who pays the legal fees in Family Law matters?

It’s very common to worry about not just how much your legal costs will be, but who will be responsible for paying them, when you’re navigating a divorce or separation.

 

Here in Australia, each person is generally responsible for paying their own legal costs in family law matters.

However, the Federal Circuit and Family Court of Australia (the court that hears family law matters) does have the discretion to order one party to pay the other’s legal costs in certain circumstances.

While it is rare for the court to make a cost order, it will be considered on the basis of:

  • Unreasonable or bad faith conduct – If a party deliberately delays or complicates proceedings.
  • Failure to comply with court orders –Ignoring interim orders or procedural requirements.
  • Wholly unsuccessful applications– If a party brings a claim that’s entirely dismissed, they may be liable for costs.
  • Refusing a reasonable settlement offer –If one party rejects a fair offer and ends up with less from the final judgment, the court may intervene.
  • Lack of disclosure or cooperation –Withholding financial information or obstructing the process.

If you’re going through a separation and are worried about legal costs, it’s worth discussing your concerns with your family lawyer. While ultimately it is likely the costs will be your responsibility, there are options available to you, like legal finance, which is generally paid out of your settlement and requires no payments until your matter is finalised.

If you’re navigating a separation or divorce and would like to understand your options and what costs may be involved, team at Lakey Family Law is here to help. We have extensive experience in all aspects of divorce, property settlements and parenting matters and can assist. Contact us for an initial, obligation-free chat. 

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