Who pays legal fees in a divorce? Understanding costs in financial proceedings

When you’re going through a divorce, it’s natural to feel worried about the potential cost of resolving financial matters. Many people hope the court will order their former spouse to contribute towards their legal fees. However, the rules around costs in financial remedy proceedings are quite different from other types of litigation.

Who normally pays legal fees in financial remedy proceedings?

In most financial cases on divorce, each person is expected to pay their own legal fees. This is very different from the usual rule in civil litigation, where the losing party often pays the winner’s costs.

The family courts take a different approach because their focus is on achieving a fair outcome, rather than deciding who has “won” or “lost”. As a result, the starting point is that both parties fund their own legal representation, whether privately or through other financing options.

Can the court make my former spouse pay my costs?

The family court will only order a party to pay the costs of another in exceptional circumstances, including where their conduct during the proceedings has been so unreasonable that it has caused unnecessary costs.

Conduct relates to how a person has behaved within the case. This might include:

• Failing to provide financial disclosure on time
• Ignoring court directions
• Refusing to engage in sensible negotiations
• Causing hearings to be ineffective or wasted

A recent example

In the case of RKV v JWC, the husband was ordered to pay his former wife’s legal costs. The judge found his behaviour to be “absolutely appalling”, noting that he had repeatedly missed deadlines and failed to produce essential documents. This meant that hearings could not go ahead as planned.

However, cases like this are extremely rare. The courts have made clear that a costs order will only be made where someone’s behaviour is “truly reprehensible” and has significantly disrupted the progress of the case. Everyday disagreements or frustrating behaviour will not usually meet this threshold.

Alternative options to court proceedings

Court proceedings can be time‑consuming, stressful, and expensive. Before starting a court application, it can be helpful to explore alternatives that may be more cost‑effective and better suited to your situation.

At Cripps, we regularly support clients through a range of dispute‑resolution options, including mediation, solicitor led negotiation, collaborative law, one lawyer one couple and other alternatives to court.

We also assist with the preparation of financial disclosure, which is required for all forms of negotiation and settlement discussions, not just court proceedings.

You can read more about your options here:

• Court delays and cancellations, what are my options?
• How mediation helps build understanding in family law

How we can help

If you are seeking to establish the best way forward or are concerned about how to proceed with resolving your finances on divorce, Cripps can assist. We can offer advice on the most appropriate and cost-effective options available to you.