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How to manage the costs of your family law matter

Five ways to keep legal costs down

If your family law dispute must be taken to court, your solicitor might advise that the pathway of litigation is unclear. Ultimately, the matter will be resolved at the discretion of the court and this is true for many types of matters, including divorce application, financial remedy applications and child arrangement orders. This means that the legal fees you will need to pay may not be known at the outset.

Whilst your solicitor will provide best estimates of costs based on previous experience, these estimates are usually on the basis that matters proceed smoothly and there are no additional complications. Unfortunately, this is not always the case and there may, for example, be additional court hearings or documentation to prepare in order to best protect your position and progress matters on your behalf.

Understandably, the uncertainty of the costs involved can often lead to additional strain in an already financially and emotionally difficult situation. Within financial remedy proceedings, uncertainty can reduce the assets available for distribution and may mean that these funds are no longer sufficient to meet the needs of all parties involved. Meanwhile, in children proceedings it can eat into funds that could otherwise be used for the benefit of the children concerned.

There are ways to reduce the costs of litigation and your family law matter more generally. Here are our top tips:

1. Consider mediation, collaborative law and arbitration as ways to avoid going to court

Court litigation can be an expensive process and legal aid is only available in a small number of limited circumstances. However, court is not the only option for dispute resolution. There are available alternatives and these systems are designed to assist and support you with reaching agreements.

Mediation

Mediators are specialist trained third parties who can assist by helping the parties to talk things through and discuss and agree on the best arrangements for the future. Mediation can present a cost-effective solution because it enables the parties to retain some control.

Collaborative law

In the collaborative law process, both parties and their legal representatives agree to find a solution which best supports the family unit as a whole, including any children, rather than focusing solely on the solution which would best suit an individual. Discussions take place within “four-way meetings” with both parties and their legal representatives present, and this can reduce the costs of protracted back and forth correspondence and negotiations between legal representatives.

Arbitration

Arbitration provides an alternative process to court proceedings for circumstances where you and the other party have attempted to resolve matters and cannot agree the way forward between yourselves. Within arbitration, you and the other party agree to put forward your proposals to a trained third party who will then make a decision based on the applicable law, and you will be bound by the decision of the arbitrator. Arbitration has the advantage of reaching a conclusion faster than through the court system, and you and the other party have more control over the procedure used and therefore the associated costs.

2. Attend to matters promptly

You are likely to frequently be asked for your thoughts and instructions in respect of correspondence or documentation drafted on your behalf, as well as the proposed course of action in your matter more generally. By responding promptly, it is more likely that the matter will be fresh in yours and your solicitor’s mind. This can assist in reducing the time taken to review and take the appropriate next steps.

3. Read correspondence and documentation carefully

To reduce the volume of correspondence and to make things easier for you, your solicitor will often prepare detailed emails and letters of advice addressing the key matters and questions which may arise. By taking the time to carefully read this correspondence, you can check whether any questions or concerns have already been addressed before responding.

4. Write down any questions you have before telephone calls and appointments

The CW Family team is of course more than happy to discuss your matter together with you by telephone or appointment. We are also mindful of your costs and seek to ensure that the contents of our conversations with you are focused and that any advice given is succinct where possible. With this in mind, we suggest that before speaking with your solicitor, you ensure that you have written down, or emailed in advance, the key matters that you wish to discuss. This helps us make sure you are getting the most value out of the conversation.

5. Keep correspondence minimal and focussed

Solicitors charge on a time spent basis and are therefore charges associated with each telephone call and for reading and responding to any letters and emails. By consolidating all thoughts and questions and sending a single email at the end of the day, this can assist in keeping your costs down. Please note that we will also be in touch with you when we have any updating information to provide.

Contact a specialist family law solicitor

If you require legal support to resolve your family law dispute or any other family matter, call now on 0800 422 0123 or contact us online for a confidential initial consultation. We have family law solicitors ready to help in London, Manchester, Bristol, Cardiff, Birmingham, Southampton and Taunton.

Authors: Sarah Wood-Heath; Annabel Winsor

Posted:

Your key contact

Rayner Grice

Partner

Birmingham
Rayner advises on the issues that arise for an individual following the breakdown of a relationship in relation to divorce/civil partnership dissolution, their financial affairs and their children.
View profile for Rayner Grice >

Adam Maguire

Partner

Birmingham
Adam specialises in divorce and family law. He advises clients regarding all aspects of private family law including cohabitation, separation, divorce and related financial issues, disputes concerning children and nuptial agreements.
View profile for Adam Maguire >

Clare Webb

Partner

Bristol
Clare has built her practice with a commitment to helping her clients resolve their issues in a constructive and conciliatory way. In doing so, she will always have regard to the longterm hopes and aspirations for the family as a whole, whilst of course protecting her client’s interest.
View profile for Clare Webb >

Philippa Yeo

Partner

Bristol
Philippa is committed to helping couples navigate all aspects of the legal process on the breakdown of their relationship in a pragmatic, collaborative and family-focused way including supporting couples to reach arrangements for their children and achieve healthy future co-parenting relationships.
View profile for Philippa Yeo >

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