Where Cash Flow Matters in Family Law

by Peter Magee on September 30, 2013

Peter Magee

It is a common concern of client’s that their former spouse or partner has the cash flow to “lawyer up” while they unfortunately cannot afford adequate legal representation. In the case of Iphostrou and Iphostrou the Court recognised that funding of litigation is in some proceedings not a level playing field. This is especially the case for client’s whose income earning capacity is significantly lower than that of their former spouse or partner or where marital funds are completely controlled by the client’s former partner or spouse. The Family Law Act recognises this perceived inequality and provides for relief in several ways including ordering interim costs.

Where there are sufficient liquid funds or funds available to the other party in proceedings we are able to make an application to the Court for an interim release of funds on account of legal costs to adequately prepare your case. While the success of this type of application varies it certainly bridges the gap between any cash flow disparities parties may face when involved in Family Law Proceedings.

Other ways that Armstrong Legal uses strategies to bridge the disparity in cash flow is to examine whether a partial property settlement may be explored where funds may be made available pending a final property settlement. This may be appropriate in circumstances where it is agreed that any final property settlement would exceed the amount of the partial property settlement.

Interim spouse maintenance applications may also be made in circumstances where one party is not able to support themselves as a result of the circumstances of the relationship and the person who is being asked to provide the maintenance has capacity to do so. Spouse maintained may be payable on an interim basis and assist in the funding of litigation.

Whatever the circumstances, Armstrong Legal represents their clients in such a way that litigation takes place on an equal playing field. If you have any questions in relating to the funding of your litigation please contact us.

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