How to Pay for Your Divorce

Divorce is expensive, and finding the money for legal fees can feel overwhelming - especially when you're already dealing with financial uncertainty. Here are the realistic options for funding your divorce.

The funding challenge

Many people facing divorce find themselves in a difficult position:

• Joint accounts may be frozen or controlled by one party
• The main earner may restrict access to money
• Legal fees need paying upfront before any settlement
• Savings have already been depleted

This isn’t unusual. The family courts recognise this problem, and various solutions have developed.

Your funding options

1. Legal aid

Best for: Domestic abuse victims, those on very low incomes

Legal aid is government funding for legal fees. It’s available for divorce-related matters if:

• You’re a victim of domestic abuse, OR
• There’s child abuse involved, AND
• You meet the financial eligibility criteria

Check if you qualify for legal aid →

Pros:

• Little or no upfront cost
• Full representation available

Cons:

• Strict eligibility criteria
• May have to repay from settlement (statutory charge)
• Not available for most divorces

2. Sears Tooth agreement

Best for: Spouse with limited income but likely to receive substantial settlement

A Sears Tooth agreement (named after a legal case) lets you borrow against your expected divorce settlement. Your solicitor agrees to defer some or all of their fees until your settlement is received.

How it works:

1. Your solicitor assesses your likely settlement
2. They agree to wait for payment (usually with interest)
3. You sign a formal agreement
4. Fees are paid from your settlement when received

Pros:

• No upfront payment needed
• Solicitor has incentive to get good settlement
• Regulated arrangement

Cons:

• Not all solicitors offer this
• Interest charges add to total cost
• Only works if you’re likely to receive assets
• Settlement must be sufficient to cover fees

3. Litigation funding

Best for: High-value cases, usually over £500,000 in dispute

Third-party litigation funders pay your legal costs in exchange for a percentage of your settlement.

How it works:

1. A funder assesses your case
2. They agree to pay your legal fees
3. If you win, they take a percentage (typically 25-40%)
4. If you lose, you usually owe nothing

Pros:

• No upfront cost
• No risk if you lose
• Access to top lawyers

Cons:

• Only for high-value cases
• Significant percentage goes to funder
• Funders are selective about cases they take
• Not widely available for family cases

4. Legal expenses insurance

Best for: Anyone with existing insurance that includes legal cover

Check if you already have legal expenses insurance as part of:

• Home insurance (buildings or contents)
• Motor insurance
• Travel insurance
• Credit card benefits
• Professional or union membership

How it works:

1. Check your existing policies for legal cover
2. Report the matter to your insurer
3. They may provide a solicitor or allow you to choose
4. Cover is usually capped (often £50,000-£100,000)

Pros:

• You may already have it
• No additional cost
• Can cover significant fees

Cons:

• Many policies exclude divorce
• May only cover “insured events” that happened after the policy started
• You may have to use their panel solicitors
• Excess may apply

5. Payment plans from solicitors

Best for: People with regular income who can afford monthly payments

Some solicitors offer payment plans, spreading costs over time.

Typical arrangements:

• Monthly payments throughout the case
• Set monthly cap on bills
• Staged payments at key milestones

Pros:

• Spreads the cost
• More predictable budgeting
• Direct arrangement with your solicitor

Cons:

• Not all solicitors offer this
• You’re still paying eventually
• May need to pay faster if case concludes early
• Interest may be charged

6. Family loans

Best for: People with supportive family members

Borrowing from family is common for divorce costs.

Important considerations:

• Document the loan - Is it a loan or a gift? This matters for financial disclosure
• Agree terms in writing - Interest rate (if any), repayment schedule
• Declare it properly - Include in your Form E financial disclosure
• Tax implications - Usually none if genuinely a loan, but take advice if large

7. Credit cards and personal loans

Best for: Last resort when other options aren’t available

You can put legal fees on credit cards or take a personal loan.

Pros:

• Immediate access to funds
• No need to explain purpose (personal loans)

Cons:

• High interest rates
• Debt remains whatever the divorce outcome
• Interest adds significantly to total cost
• May affect your credit score

8. Equity release from property

Best for: Homeowners with equity, particularly when spouse won’t agree to sale

If you jointly own property, you might be able to:

• Remortgage - Release equity to pay legal fees
• Legal charge - Solicitor takes a charge over property, paid when sold
• Court order - In extreme cases, court can order sale or charge

Challenges:

• Usually needs both parties to agree to remortgage
• Your spouse may refuse or obstruct
• Lenders may be cautious during divorce proceedings

9. Maintenance pending suit (MPS)

Best for: Non-earning spouse whose partner controls finances

If your spouse has significantly more income than you, you can apply for Maintenance Pending Suit - a court order for them to pay your ongoing expenses including legal fees while the divorce proceeds.

How it works:

1. Apply to the court as part of financial proceedings
2. Court assesses both parties’ means
3. Order made for regular payments
4. Payments continue until financial order finalised

Pros:

• Levels the playing field
• Paid by higher-earning spouse
• Can include legal costs allowance

Cons:

• Need to be in financial proceedings already
• Takes time to obtain
• Not always granted
• Amount may not cover full costs

10. Legal costs order

Best for: Non-earning spouse in contested financial proceedings

Similar to MPS, a Legal Services Payment Order (LSPO) specifically requires your spouse to pay towards your legal costs.

When courts grant LSPO:

• There’s a significant income disparity
• You can’t otherwise afford representation
• Your spouse can afford to pay
• It’s just and reasonable in the circumstances

This is a developing area of law following the landmark case of Rubin v Rubin.

Combining funding sources

Many people use multiple funding sources:

Example:

• Help with fees for court costs (saving £593+)
• Legal expenses insurance for initial advice
• Payment plan with solicitor for ongoing costs
• Family loan for barrister fees

How to reduce the amount you need

Before seeking funding, consider ways to reduce costs:

1. Try mediation first - £1,000-£3,000 vs £10,000+ for litigation
2. Use fixed-fee services - For straightforward matters
3. Unbundled legal services - Pay only for what you need
4. Be organised - Reduce time your solicitor spends chasing documents
5. Settle early - Every month of fighting adds costs

See our full guide on reducing divorce costs →

What if your spouse is hiding money?

If your spouse controls finances and is restricting your access to joint funds:

1. Document everything - Bank statements, income evidence
2. Open your own account - For any income you receive
3. Apply to court early - Maintenance pending suit can help
4. Tell your solicitor - They may offer Sears Tooth arrangements
5. Contact domestic abuse services - Financial abuse is a form of domestic abuse

Next steps