Funding Financial Remedy Proceedings: Options for Clients in England and Wales.
Slee Blackwell Solicitors are independently ranked among the top five divorce solicitors in the UK*. We offer a range of services and funding options, including fixed fees. Contact us for a free initial consultation about your divorce by calling 0333 888 0404 or emailing us at [email protected].
Financial remedy proceedings are often complex and stressful, and financing the legal work involved can add an additional level of anxiety for those involved.
Legal costs for financial remedy proceedings are traditionally funded privately, with individuals using their savings or borrowing money from family or friends. However, this can sometimes present challenges, particularly if the case is complex and drags on for an extended period.
So what alternatives are there for those who may struggle to pay for their legal costs upfront?
Litigation Loans
One of the most common options for funding financial remedy proceedings is a litigation loan. This type of loan is specifically designed for people involved in legal proceedings who are unable to pay their legal costs upfront. Litigation loans can be used to cover a wide range of legal expenses, including solicitor’s fees, court costs, and expert witness fees.
A litigation loan is typically provided by a third-party lender, and the loan amount is repaid once your case is resolved.
These loans can be an ideal solution for clients involved in financial remedy proceedings, as they allow you to proceed with your case when you do not have money available to pay legal fees. We will work with the loan provider and make an application for funding on your behalf.
Applications for the other spouse to pay for your legal fees
Under Section 22ZA of the Matrimonial Causes Act 1973, it is possible to apply for the other party to pay your legal costs in financial remedy proceedings. It allows a spouse or civil partner to apply for this type of order when they are unable to meet their legal fees, and the other party has the financial means to do so.
Section 22ZA provides an opportunity to seek an order that the other party should pay part or all of your legal costs. The court may make such an order if it is satisfied that:
- You do not have the financial resources to pay for the legal costs yourself, or have family members to assist you, or the ability to raise a commercial loan, and
- The other party has sufficient means to contribute to your costs.
This option can be particularly beneficial if one party has significantly greater financial resources than the other, or if one party is attempting to delay the proceedings unnecessarily. The court will consider the circumstances of both parties, including their income and assets, before deciding whether such an order is appropriate.
Legal Aid
While Legal Aid for family law matters, including financial remedy proceedings, is limited – and we do not provide this funding ourselves – it may still be an option if you meet the strict eligibility criteria.
How We Can Help
Understanding the different funding options available in financial remedy proceedings is crucial to ensuring you can pursue your case effectively. Whether you opt for a litigation loan, seek a costs order from the other party, or explore other funding methods, it’s important to discuss these options with us early in the process. Our family law team will help you navigate these options and ensure that you can move forward with your case without unnecessary financial stress.
Call 0333 888 0404 or email us at [email protected].
*www.reviewsolicitors.co.uk April 2025.
