COSTS IN THE FAMILY DEPARTMENT

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1 COSTS IN THE FAMILY DEPARTMENT

2 FAMILY LAW Family, Personal & Financial Solicitors EMPLOYMENT FAMILY & MATRIMONIAL INTERNATIONAL PROPERTY REGULATORY & WHITE COLLAR CRIME RESIDENTIAL PROPERTY WILLS, TRUST & ESTATE PLANNING LEAFLETS IN OUR FAMILY RANGE ARE Alternatives to court Divorce Civil partnerships Pre-nuptial agreements Arrangements for children The facts about cohabitation Costs in the family department The financial aspects of divorce Divorce and the family business Protecting wealth on divorce through trusts Occupying the family home and protection from domestic abuse Interfacing with the Child Support Agency and the Child Maintenance Service Taking financial advice during divorce

3 INTRODUCTION What your solicitor will charge you is, naturally, an important consideration when you begin any legal process. As our client you will be responsible for payment of our fees. We are committed to telling you what you need to know about your costs in as clear and straightforward a way as possible from the very beginning. 3

4 Family, Personal & Financial Solicitors WHAT WE WILL TELL YOU How much your case is likely to cost overall from the information we have available when you first consult us. Costs will depend on many different factors such as the nature and extent of the issues that need to be resolved and whether you are able to reach agreement on some or all of these issues. Our estimate of the likely cost may change as these factors emerge so we will keep you updated It is likely that you will need to make payments to others, such as court fees, fees to experts for valuations of your property or business or barrister s fees. We will advise you of whether and when you can expect to make payments of this kind How our charges are calculated. The work we do for you will be charged at an hourly rate. We will tell you the hourly charging rates of all members of the Family team and of any changes in those rates. The rates for each team member will vary according to their seniority, experience and expertise The time spent on your case will depend on the extent and complexities of the issues involved and the level of dispute surrounding these issues. We will tell you how we charge our time for the various aspects of our work such as correspondence, telephone calls, meetings with you and others, working on documents and court attendances.

5 MANAGING YOUR COSTS We will do our best to help with this by: Discussing the management and payment of your costs with you from the outset Sending you regular interim bills for payment at agreed intervals Considering whether any other source of funding may be available. Current regulations do not permit the use of insurance policies or conditional fee agreements in family matters. We do not undertake publicly funded work but will advise you whether you are financially eligible for such funding and assist you in finding an alternative solicitor who can undertake this work, if appropriate Considering with you whether any form of litigation loan might be available to you and appropriate to your case Advising you about the availability and suitability of possible alternative methods of resolving disputes such as collaborative law and mediation if these would be more cost-effective. You can help by: Providing us with clear information and instructions Responding promptly if we ask you for further information or documentation Helping us to work for you constructively. 5

6 Family, Personal & Financial Solicitors ANSWERING YOUR QUESTIONS We will always be happy to answer any questions with regard to your costs. Two frequently asked questions are: Q A Will I be able to recover any of the costs I have paid to my solicitor from the other party if my case goes to court? This is unlikely in most types of family proceedings. The courts are reluctant to make orders for costs which could increase hostility between the parties where children are involved. Where financial matters are being decided in divorce proceedings new rules prohibit costs orders other than in certain limited circumstances. It is therefore even more important that you budget for your costs as your case proceeds. There can be exceptions to this, particularly in property disputes between unmarried parties where, at the moment, the court rules are somewhat different from other types of family cases. Even in such cases you are likely to recover only a percentage of the costs you have paid. In general you should not expect to recover your costs.

7 Q A Can I be ordered to pay the other party s costs in addition to my own solicitor s bills? As already indicated, this is unlikely but not impossible. It is more common for the court to order one party to pay for a particular element of the other party s costs during the course of the proceedings as a form of penalty if they have caused delays or have not complied with the court s directions. These types of orders are known as interim orders and are payable within fourteen days. We will advise you about the risks of any such orders being made and how to avoid them as your case progresses. 7

8 CONTACT US For further information on the issues covered in this booklet, or to see how we could help you, please contact Andrew Newbury on or Pannone part of Slater & Gordon have offices nationwide. To find your local office visit Slater & Gordon (UK) LLP is authorised and regulated by the Solicitors Regulation Authority. 1