Are you concerned that you can’t pay for legal representation in a family law matter?

Posted on Feb 26, 2015 by Jillian Stibbard   |   Categories: Family Law

Don’t assume because you don’t have access to money that representation is beyond you – seek legal advice, as there are ways for the Court to require your spouse to contribute to your fees.

Often when a relationship fails, there is unequal access to money – perhaps one partner earns most of the income, and the other partner does not work. This can be daunting for the non-breadwinner who wants a divorce; they may feel they cannot afford the court and legal fees, or that their partner can afford better legal representation.

A Court Order can be made to compel the other party to provide you with funds if your spouse has the capacity to pay for your legal representation, and you do not. In considering capacity to pay the court considers the spouse’s income, access to funds, control over assets and access to credit.

These can be paid to you in a lump sum or for every dollar that your spouse spends on their own representation.

If you need legal advice on a family law matter, contact our Family Law team on (02) 4944 3322 or email