Litigation Funding Family Law: 3 Helpful Benefits

Litigation Funding Family Law

Litigation funding in family law has emerged as a pivotal resource for individuals navigating the often complex and emotionally charged process of legal disputes within the family law sphere.

This financial mechanism offers a lifeline to those who might otherwise be unable to afford the costs of pursuing legal action, including legal fees, court costs, and other related expenses.

In the Australian legal system, litigation funding provides an avenue for equitable access to justice, ensuring that financial constraints do not impede an individual’s ability to seek fair representation and resolution in family law matters.

What is Litigation Funding?

Litigation funding, also known as third-party funding, involves a finance company or private funder covering the costs of legal proceedings on behalf of an individual.

This arrangement is typically made under the agreement that the funder will receive a portion of any settlement or award from the case.

This funding model can be particularly beneficial in family law, offering financial support through divorces, custody battles, and property settlements.

🔑 Key Takeaway: Litigation funding removes financial barriers to legal representation in family law cases, ensuring that justice is accessible to all, regardless of their financial situation.

Types of Litigation Funding in Family Law

In family law, litigation funding can take several forms, including:

• Traditional Litigation Funding: Where a third-party funder covers all legal costs in return for a share of any financial settlement.
• Legal Aid: Government-funded legal assistance for those who meet specific criteria, often based on income and case merit.
• Pro Bono Legal Services: Legal services are provided free of charge for those unable to afford a lawyer. They are typically offered by legal firms as part of their corporate social responsibility.

🔑 Key Takeaway: Various types of litigation funding are available in family law, each with its criteria and benefits, providing multiple avenues for support.

The Benefits of Litigation Funding

Litigation funding offers several key benefits in the context of family law:

• Access to Justice: Enables individuals to pursue legal action they otherwise could not afford.
• Level Playing Field: Ensures both parties can secure competent legal representation, promoting fairer outcomes.
• Financial Risk Mitigation: Reduces the financial risk associated with litigation, as funders typically absorb the costs if the case is unsuccessful.

🔑 Key Takeaway: Litigation funding provides critical support, ensuring fair access to the legal system and mitigating financial risk for individuals in family law disputes.

The Process of Securing Litigation Funding

Securing litigation funding typically involves:

1. Assessment: The funder assesses the case’s merits and potential financial outcome.
2. Agreement: If the case is deemed viable, a funding agreement is made, outlining the terms and the percentage of any award or settlement that will go to the funder.
3. Legal Representation: The person obtains legal counsel to represent them in their case using the agreement’s funds.

🔑 Key Takeaway: Securing litigation funding involves thorough assessment and agreement on terms, ensuring that both parties know the financial arrangements.

Seek Legal Advice

Litigation funding in family law plays a crucial role in the Australian legal landscape, offering individuals the financial means to pursue justice in family law disputes. By understanding the various types of funding available and their benefits, individuals can navigate the complexities of legal disputes with greater confidence and financial support.

Importantly, seeking legal advice is fundamental to effectively leveraging litigation funding. Legal professionals provide invaluable guidance on the suitability and process of securing funding and ensure that individuals are fully informed of their rights, options, and the potential implications of their cases.

As the legal landscape continues to evolve, litigation funding remains a vital resource for ensuring equitable access to justice in family law matters, with professional legal advice serving as a crucial component of this process.

Hayder Shkara

Director of Melbourne Family Lawyers, Hayder manages the practice and oversees the running of all of the files in the practice. Hayder has an astute eye for case strategy and running particularly complex matters in the family law system.