In today’s modern, equal-rights world, the stereotype of the family has changed: fathers can take paternity leave and some choose to be a stay-at-home dad instead of the mum. There is nothing unusual about this, and it shows how the world has changed. However, there are still a large number of marriages where only one half of the partnership earns the money and simply provides an allowance to their other half. Whilst this works during the marriage, should anything happen to the relationship, it leaves the non- or low-earner in a weak position, financially.
We hear from many clients that they initially assumed they could not afford a decent lawyer to assist them with their divorce because they didn’t have any control of the finances. This is because their estranged partner – usually a husband – had their hands on the purse strings during their relationship, and this continued even after they separated.
In a situation like this, if relations are acrimonious, it’s likely the partner in control of the finances will be even less generous in allocating funds than they were when the marriage was harmonious. This leads the wife to believe that she won’t be able to afford to hire a good lawyer, which only adds to her feelings of helplessness.
The better the law firm you instruct, the better the divorce settlement you are likely to get. Dedicated matrimonial practices such as Benussi & Co have a proven track record in achieving the best possible outcomes for their clients because of their specialist knowledge, skills and experience.
Everyone is entitled to legal advice and whilst legal aid is not available anymore to the majority of people, it is not the only route to financing a divorce.
Even if you don’t have access to much money – for example, if your estranged spouse provides you with only housekeeping money and expenses for the children – it doesn’t mean you can’t hire a first-class lawyer to represent you. You can!
There are options available. You can apply for a litigation loan, which is repaid from the divorce settlement pot when the case is finalised. You can also apply for a legal order to force you partner to pay your fees. The latter option is particularly relevant if you have little or no access to money, but your estranged partner does. The court takes a dim view of husbands not allowing their wives money so they can have decent legal advice, and case law provides that they should.
If you are thinking about divorce, but worried your estranged partner has an iron grip on the family finances, get in touch with Benussi & Co and let us know the situation. We will be able to advise you how to go about engaging the services of the best lawyer, even if you don’t have the cash in the bank.