All the Ways to Pay for Your Family Law Case: Leal Funding Explained

Covering legal fees can be stressful for families, especially when also navigating divorce or separation proceedings. Thankfully, Australian Family Law systems are sensitive by nature to the financial needs of everyday Australian families.

As a result, there are a dynamic variety of options available for families who may require financial support in covering their legal fees. This includes Federal and State Government-funded programs like Legal Aid, as well as industry standard financial services and payment arrangements that accommodate families in need.

In fact, there are more ways to pay for your Family Law case than you might expect. If you’re unaware of what legal funding options are available to you, our Family Lawyers at Oxford Partners Lawyers are here to help.

Below, we’ll be outlining some of the funding options available for Family Law cases across Australia, and what steps you’ll need to take to secure these funding methods for you and your family.

Funding your Family Law case: what options are available?

From legal aid to payment plans and litigation funding, there are a wide variety of options available for Australian families seeking to cover their Family Law fees. Explore the funding options below to find the most ideal solution for you and your family.

Legal aid

Legal aid programs in Australia are typically provided by State Government agencies to ensure local support is available. In Victoria, legal aid is accessible via Victoria Legal Aid (VLA). VLA manages a catalogue of digital resources for Victorian families alongside providing access to services including Family Dispute Resolution, and grants for legal assistance to provide much-needed support for families tackling Family Law matters like financial settlements, child custody arrangements, etc.

Alongside VLA, there are additional programs set up for families with unique support needs, so it’s well worth doing some independent research to find tailored aid programs that you may qualify for. For instance, if you have Family Law matters that have been exacerbated by natural disasters (i.e. flooding, bushfires, etc.), then you may be eligible to receive support from Disaster Legal Help.

Pro tip: check out our resources page to find some more helpful links to free legal aid, advice, and other resources.

Deferred and progress payment plans

Some Family Law firms may offer deferred payment plans (or ‘fee payment plans’) to their clients, which essentially allows them to pay a portion of their legal fees after their Family Law proceedings have been finalised. 

Deferred payment plans are typically designed to accommodate families navigating financial or property settlements, or child support and spousal maintenance matters, as meeting a fair and equitable resolution in these cases allows clients access to the financial resources they would require to make payments to their legal team/s.

Specialised funding

Outside of payment plans provided internally by your Family Law firm, Australian families also have the option to access specialised Family Law finance services which are designed to provide a line of credit upon which you may accrue interest.

Different lenders establish their legal finance services in different ways, but generally repayment on your loan is done via directly paying required funds to your legal team. Full repayment occurs once your Family Law matters have been resolved (i.e. once you have received your property or financial settlement). 

Litigation funding

Also referred to as ‘Court-ordered funding’, litigation funding occurs when the Court orders the other party in your Family Law matter/s to cover your legal fees as well as their own. 

Litigation funding may be ordered following cases of misconduct (i.e. hiding assets or other violations of the other party’s legal requirements), or in spousal maintenance proceedings where the Court has found reasonable grounds to request that one party covers the legal fees for the other party.

Fixed fee legal services

Some Family Law firms may offer fixed fee services for simple Family Law matters like uncontested divorces or minor consent orders. If your Family Law matter doesn’t need to be escalated to the Court and can be resolved via Family Mediation, then your legal fees may be sustainable enough that you won’t require additional financial support. 

If, however, the fees for mediation are still difficult to cover, your Family Law firm may be able to offer the option to repay via a deferred payment arrangement.

Unbundled legal services

If you only require assistance from a Family Lawyer for select components of your legal proceedings (i.e. drafting legal documents), then you may inquire with your legal team about engaging them only to cover these tasks rather than to provide a bundle of legal services. 

Legal funding FAQs

How does the Court order litigation funding?

Under Part 12 of the Family Law Rules 2021, party-party costs are ordered according to:

• in Division 1, the scale of costs in Schedule 3 to the Family Law Rules 2021; and
• in Division 2, the scale of costs in Schedule 1 to the Family Law Rules 2021 or the scale of costs in Schedule 3 to the Family Law Rules 2021.

If the Court orders one party to cover all (not a portion) of the legal costs of the other party, these are referred to under the Family Law Rules 2021 as ‘indemnity costs’.

How do I apply for a costs order?

Application for a costs order must be filed with the Court. Your Family Lawyer can support you in filing a formal application for a costs order in the event that you require and are entitled to the other party covering party-party costs or indemnity costs in your Family Law matter/s.

How do I dispute fees charged by my Family Lawyer?

If you’d like to dispute your solicitor-client costs (i.e. fees charged by your Family Lawyer for their services), you will need to file a formal bill dispute with the Victorian Legal Services Board + Commissioner. The VLSB+C will review your complaint and accompanying invoice and costs agreement, and offer support in communicating with your Family Lawyer to amicably resolve the dispute.

Simplify your Family Law fees with support from Oxford Partners Lawyers

At Oxford Partners Lawyers, we’re proud to offer flexible payment options to accommodate Melburnian families. Through our own internal systems and partner collaborations, Oxford Partners Lawyers is able to offer:

• Litigation funding
• Deferred payment plans
• Progress payment plans
• Flexible Family Law funding (via JustFund)

If you’d like to secure our Family Law services on a payment plan, don’t hesitate to contact our team at (03) 9670 7577 to discuss further. Call now to book your free preliminary 30-minute consultation at our Melbourne offices today.