Family law matters can be emotionally challenging and legally complex, often requiring the expertise of a family law solicitor to guide individuals through the legal process. Family solicitors play an important role in handling various family law issues and providing essential client care.

Legal issues and family law matters

Family law solicitors specialise in a wide range of legal issues affecting families, including child arrangements, domestic abuse, civil partnerships, and high net worth divorces. Child arrangements involve determining custody, visitation, and support for children after a divorce or separation.

They play a pivotal role in assisting individuals facing emotional and complex situations, providing guidance and representation.

Divorce:

Divorce is a common family law issue, involving the legal termination of a marriage. Family law solicitors guide clients through the divorce process, explaining the legal requirements and ensuring all necessary documents are filed correctly. They help clients understand their rights and responsibilities, addressing issues such as property division, spousal support, and child custody.

Ancillary relief:

Ancillary relief, also known as financial remedies, refers to the legal processes surrounding the division of assets and financial responsibilities during divorce. Family law solicitors assist clients in negotiating and reaching fair settlements related to the distribution of property, pensions, and other financial matters. Their expertise ensures that clients are aware of their entitlements and obligations under the law.

Child matters:

Child-related issues are a significant focus for family law solicitors. This includes matters such as child custody, visitation rights, and child support. Family lawyers work to establish suitable child arrangements that prioritise the well-being and best interests of the child. They help clients navigate parenting plans, custody disputes, and modifications to existing arrangements as circumstances change.

Domestic abuse:

Family law solicitors are instrumental in helping victims of domestic abuse and domestic violence to seek legal protection and support. They assist in obtaining protective orders, such as injunctions or non-molestation orders, to safeguard individuals and their children from harm. Family lawyers handle these cases with sensitivity, providing a legal framework that prioritises the safety and well-being of the victims.

Civil partnerships:

Family law solicitors also assist individuals in navigating the legal aspects of civil partnerships. Whether it involves entering into a civil partnership or dissolving one, family lawyers provide legal advice on the rights and responsibilities of the parties involved. They address issues such as property division, financial matters, and child arrangements in the context of civil partnerships.

High net worth divorces:

For individuals with substantial assets, family law solicitors specialising in high net worth divorces bring a unique set of skills to the table. They handle intricate financial matters, ensuring that the division of assets is equitable and in compliance with legal standards. These cases often involve complex valuation of businesses, investments, and real estate.

In each of these areas, family law solicitors prioritise client care, providing emotional support while offering clear and practical legal advice. They guide clients through the legal process, from the initial consultation to the resolution of the case, with the aim of achieving fair and just outcomes for all parties involved.

Expertise of family law teams in law firms

Family law solicitors often work within specialized family law teams in law firms. These teams comprise professionals with diverse skills, allowing them to address various aspects of family law effectively. Whether dealing with complex financial matters in high net worth divorces or navigating intricate child custody disputes, the collective expertise of a family law team enhances the quality of legal representation.

Legal costs in family law cases

Legal aid is available in certain circumstances for family law cases. If legal aid is not available, some solicitors offer a fixed fee or an hourly rate.

Running a family law case involves various costs associated with legal representation, court proceedings, and other related services. The specific costs can vary based on the complexity of the case, the issues involved, and the approach taken by the legal professionals. Here are some common types of costs involved in the running of a family law case:

Legal fees:

Solicitor’s fees

These are the charges for the services provided by the family law solicitor. Fees may be based on hourly rates or fixed fees, depending on the agreement between the client and the solicitor.

Barrister’s fees:

If a barrister is engaged to represent a client in court, their fees will be an additional cost. Barristers often specialise in specific legal areas and may be brought in for their expertise in complex matters.

Court fees:

Filing fees:

The court charges fees for filing various documents, such as divorce petitions, applications for child arrangements, and financial orders.

Hearing fees:

If the case proceeds to a court hearing, there may be additional fees associated with attending court proceedings.

Expert reports:

Forensic accountants:

In cases involving complex financial matters, such as high net worth divorces, the services of a forensic accountant may be required to assess and analyse financial information.

Child psychologists or social workers: In child custody disputes, expert reports from psychologists or social workers may be necessary to evaluate the best interests of the child.

Mediation and Alternative Dispute Resolution (ADR) costs:

Mediation fees: If the parties opt for mediation or other forms of ADR to resolve disputes, there will be fees associated with the mediator’s services.

Arbitration costs: In some cases, parties may choose arbitration as an alternative to court proceedings, involving fees for the arbitrator.

Process server and court messenger fees:

Process servers: If legal documents need to be served to the other party, process servers may be employed, and their fees are incurred.

Court messengers: Costs associated with delivering legal documents to the court or other parties involved in the case.

Travel and accommodation:

Travel expenses: If the case requires travel to attend court hearings or meetings, travel expenses may be incurred.

Accommodation costs: In cases where overnight stays are necessary, accommodation costs may be part of the overall expenses.

Miscellaneous expenses:

Photocopying and printing: Charges for photocopying and printing legal documents.

Postage and courier services: Costs associated with mailing legal correspondence or using courier services.

Legal Aid Repayment (if applicable):

In cases where Legal Aid has been granted, there may be a statutory charge for the recovery of legal costs, which may involve repaying a portion of the costs from any financial settlement obtained in the case.

Understanding and managing these costs is crucial for clients and their solicitors to ensure transparency and effective financial planning throughout the family law case. Family law solicitors often provide detailed information about potential costs during the initial consultation to help clients make informed decisions.

Costs Recovery in inter partes cases

In most cases, parties are responsible for bearing their own costs.

There are some circumstances however, where the Court may make a Costs Order against one party to pay all or some of the other party’s legal costs. The Order will usually be made at the final hearing; however, an interim Costs Order may be made at a Court hearing at any stage within the proceedings.

The Family Court has the discretion to make an Order for Costs in family proceedings. This type of Order will mean that one party is ordered to pay the costs of the other.

The Court will usually order a party to pay the costs of the other party if they have acted unreasonably throughout the proceedings or Court process. Costs will be payable regardless of whether a party is in receipt of Legal Aid. It is stated within the Family Procedure Rules that;

“a failure to openly negotiate reasonably and responsibly in proceedings relating to financial remedies will likely lead to an order for costs.”

 

How Can ARC Costs Assist?

If you require the assistance of a family law solicitors, ARC Costs can introduce you to a solicitor in our network.

ARC Costs can assist in all legal costs matters, including costs on family law proceedings, irrespective of whether you are a paying party or a receiving party. If a costs order is made, you should seek the assistance of a costs specialist immediately.

We are highly experienced Costs Draftsmen/Costs Lawyers and have been successful in recovering substantial amounts in legal fees for our clients. We can assist in the whole of the detailed assessment process, from drafting your Bill of Costs and Points of Reply to conducting negotiations with the other side before advising on whether the claim should proceed to a Detailed Assessment Hearing, for which one of our in-house Costs Lawyers can provide representation. 

Similarly for paying parties, we are well versed in preparing Points of Dispute and contesting legal costs claims, and on average we reduce any Bill of Costs on which we are instructed to oppose, by 40%.

We can further assist family law solicitors in the recovery of their legal costs from the Legal Aid Agency.

We can be contacted via email at info@arccosts.co.uk, or by telephone on 01204 397302. For more information on legal costs, please find out more about our speciality areas of expertise and our services on our legal costs page.

We may receive payments from third party solicitors on our panel to whom we may refer your claim. We will never charge you for any referrals made to our panel of third parties.