Getting Divorced But Struggling Financially?
Most people understand and accept that ending your marriage or dissolving your civil partnership will mean some financial changes in the future.
But how do you cope with the immediate cost of getting divorced? How do you pay for a solicitor and court fees if you have little or no money in savings?
How do you cover the cost of submitting all the paperwork involved?
Do You Have Cashflow Problems?
The costs associated with getting divorced can be an issue even for supposedly wealthy people.
You may be ‘house rich but cash poor’, regardless of whether or not you are the main breadwinner. You may not have much ready cash in your own name – no matter how large and luxurious your family home may be.
But this should not make you feel powerless. It should not stop you from regaining control of your life, your finances and your future. It should not prevent you from seeing your children or stop you from receiving a fair financial settlement.
How To Pay For Your Costs After Settlement
You can apply for a short-term family litigation loan. These loans can be used to fund a wide range of legal proceedings, including:
- solicitors’ fees and other related costs for divorce and financial remedy cases or alternative dispute resolution
- Children’s Act proceedings (these are usually closely linked to financial remedy applications)
- enforcement proceedings.
How Much Do Litigation Loans Cost?
As with all financial products, it pays to shop around and do your research.
Even a quick comparison of a just few providers shows that – based on a 12-month loan – the representative APR can range considerably.
There is also an administration fee. This is usually 1.0% but some providers charge 1.5%. Some providers charge a minimum administration fee of £500.
There would also be an independent legal advice fee. These fees range from £350-£500+VAT.
What If I Can’t Get Funding?
If you can’t afford a divorce solicitor, you may have to represent yourself in the family court as a litigant in person.
It can be very stressful – and very costly in the long term. DIY Divorce Dangers – especially if your former partner is represented by an experienced family law solicitor and you are not.
Sadly, more people are having to represent themselves in court because they cannot afford to instruct a solicitor. The family courts are already overstretched and this is making the situation even more difficult.
If you represent yourself in court, your divorce could take longer and be more stressful.
Litigation loans can be a solution to the problem. They enable more people to gain expert legal representation at a critical time. And they enable cases to proceed more quickly.
How Do I Apply For A Litigation Loan?
Ask Coles Miller Family Department about funding options. They can apply for the loan on your behalf. Some lenders will provide a decision in principle within 24 hours.
When your family litigation loan is approved, the lender will usually send you the documents for approval and signature.
Once you have signed and returned the documents, the funding will be made available to you quite quickly; the timeframe can vary depending on the loan provider. Your solicitor can then request drawdowns on your behalf. You will be asked to electronically approve these drawdowns.
When your proceedings have ended, the loan is repaid from the settlement. There are no monthly repayments. You can usually view your outstanding balance at any time by using the lender’s online portal.
Important Notes
You should choose a lender that is authorised and regulated by the Financial Conduct Authority.
Coles Miller Solicitors is a law firm, not a finance broker. For financial advice, we recommend that you contact your independent financial adviser.
Further Reading
Get Expert Legal Advice On Divorce And Dissolution
Ending your relationship? Contact Coles Miller Associate Senior Family Lawyer Lindsey Arnold or one of the Family Team for expert legal advice on divorce, civil partnership dissolution, separation, children matters, resolving finances and change of name.
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