Tips on how to keep your legal costs down during divorce and separation

How to keep your legal costs down during divorce and separation

At Family Law Partners, we understand that legal costs can be a concern during what is already a stressful time. We focus on minimising the emotional and financial cost of divorce for you and your family, and the good news is that there are several practical steps you can take to keep costs to a minimum while still receiving the advice and support you need.

Consider Alternatives to Court

Court proceedings are usually the most expensive and time-consuming way to resolve a family law dispute. Reaching an agreement outside of court can save significant legal fees and often leads to better long-term outcomes for families.

Where possible, try to resolve matters through alternative non court dispute resolution (NCDR) methods, such as:

• Direct discussions (also known as “kitchen table” negotiations).
• Mediation.
• Lawyer-supported mediation.
• Collaborative law.
• Lawyer-led negotiation.

There are many different pathways available.

Be Open to Compromise

It can be tempting to fight every point, particularly when emotions are running high. However, disputes over relatively minor issues often generate disproportionate legal costs.

Focus on:

• The issues that matter most to your future.
• The outcome you need, rather than “winning”.
• Finding practical solutions rather than assigning blame.

The more entrenched a dispute becomes, the more expensive it is likely to be.

Keep Communication Clear and Organised

One of the biggest drivers of legal costs is the amount of time spent dealing with correspondence.

To help keep costs down there are a number of practical things you can do throughout the duration of your case:

• Put information in writing where possible.
• Keep emails focused and concise.
• Include all your questions in one email rather than sending multiple messages.
• Respond promptly to requests for information.
• Avoid sending duplicate documents.
• Keep documents organised in clearly labelled folders.

Clear communication helps your legal team progress matters efficiently.

Provide Information Promptly

Delays often create additional work and therefore additional costs.

To avoid unnecessary expense:

• Complete forms as soon as possible.
• Provide financial disclosure promptly.
• Send requested documents in one batch where possible.
• Tell your lawyer immediately if circumstances change.

When lawyers have to repeatedly chase for information, and duplicate communication, costs can increase unnecessarily.

Use Your Lawyer for Legal Advice

Lawyers are there to provide legal advice, strategy, and negotiation.

Whilst we appreciate separation can be emotionally challenging, using your lawyer primarily for emotional support can significantly increase costs.

Remember your whole support network and other people around you. Consider obtaining support from:

• Friends and family.
• Counselling services.
• Therapeutic support.
• Divorce coaches.
• Family consultants.

These professionals can often provide emotional support at a lower cost whilst allowing your lawyer to focus on legal issues.

Stay Child-Focused and Future-Focused

Arguments about historic events or relationship issues can quickly increase the level of conflict in your case, as well as your legal fees without moving matters forward.

Try to focus discussions on:

• Future arrangements.
• Children’s welfare.
• Financial solutions.
• Practical next steps.

Keeping conversations constructive can reduce conflict and keep costs down.

Be Realistic About Outcomes

An informed and realistic approach often results in better and more cost-effective settlements. Our specialist team work hard to encourage our clients to take a pragmatic, long-term view of their matter and will always advise you with your best interests in mind.

Consider factors such as:

• The likely legal outcome.
• The costs of pursuing a particular position.
• Whether the issue is worth the legal expense.
• Your lawyer’s advice based on their experience.

For example, spending £5,000 in legal fees arguing over a £2,000 issue may simply not make financial sense.

Prepare for Meetings

We understand that meeting with your family lawyer can be daunting and that you will have many issues that you want to cover. Our earlier blog provides guidance on how you prepare for your first meeting, however there are some tips for all of your sessions that will help you have constructive meetings. For example, before speaking with your lawyer:

• Write down questions.
• Prepare a list of points you wish to discuss.
• Gather relevant documents.
• Identify priorities.

This allows meetings to be focused and productive.

Keep Conflict to a Minimum

Family law proceedings are one of the most emotionally challenging periods in a person’s life. Unnecessary conflict is one of the biggest causes of escalating costs and there are some practical steps that can be taken to try and minimise this. Including:

• Taking time before responding to difficult messages.
• Avoiding inflammatory language.
• Using neutral communication.
• Keeping discussions respectful.

High conflict cases typically take longer to resolve and require more lawyer involvement, which are the two biggest factors contributing to the cost.

Think About the Bigger Picture

Every pound spent on legal fees is a pound that cannot be used to support your future or your family.

Where possible, try to focus on the long term picture:

• Preserve family resources.
• Resolve issues efficiently.
• Avoid unnecessary applications to court.
• Keep professional input proportionate to the issues in dispute.

This helps maximise the funds available to both parties – and the future for any children – moving forward.

Our Top 10 Cost-Saving Tips

1. Consider non court dispute resolution options.
2. Keep communications concise and organised.
3. Respond promptly to requests.
4. Provide documents in one batch.
5. Focus on the issues that matter most.
6. Be willing to compromise where appropriate.
7. Use your lawyer for legal advice rather than emotional support.
8. Prepare properly for meetings.
9. Stay respectful and avoid unnecessary conflict.
10. Keep sight of the overall financial picture.

How can we help?

Resolving matters by agreement is almost always quicker, less stressful and significantly less expensive than contested court proceedings. At Family Law Partners, our specialist team will always discuss the most appropriate and cost-effective route to resolution for your individual circumstances. Most people are relieved to hear that there are more options than they may think, and that they don’t always have to go to court.

Contact us for a discreet, confidential discussion about your personal circumstances.

Sophie Reynish is a Paralegal at our Brighton office.