Family law can be expensive. But costs do not usually blow out because of one single event. More often, it is the accumulation of long letters, repeated emails, disorganised disclosure and fighting over issues that do not move the matter forward.

In this episode of The Ex-Files - The Divorce and Separation Podcast, Australian family lawyers Alex Wynn and Liza Friedwald have an honest conversation about where the money goes - and what clients can do to keep their legal costs under control.

They discuss everything from hourly rates and fixed-fee packages to litigation funding, Court applications for legal fees and the financial risk of rejecting a sensible settlement offer.

In this episode, we discuss:

• Why some family law matters become unnecessarily expensive.
• How “litigation by correspondence” drives up costs.
• Why your lawyer does not need to respond to every accusation.
• How clear instructions can reduce your bill.
• Why sending disclosure in dribs and drabs costs more.
• Hourly rates, capped fees, fixed fees and limited-scope work.
• What may - and may not - be included in a legal package.
• How to budget for the different stages of a Court matter.
• Options for funding legal fees.
• How family law litigation funding works.
• When a party may seek access to property or a contribution towards legal fees.
• How settlement offers can affect costs at the end of a case.

Key Takeaways

• Ask whether the work being done is likely to move the matter towards an outcome.
• Long, aggressive letters may feel satisfying, but they rarely make settlement easier.
• Organising your financial documents before sending them to your lawyer can save a considerable amount of money.
• Read any fixed-fee or package agreement carefully so you understand exactly what is included.
• If your matter is in Court, ask your lawyer for a stage-by-stage estimate rather than one large figure.
• Litigation funding can be useful when money is tied up in property, but the interest and security requirements need careful consideration.
• Sometimes the cheaper option is accepting a reasonable settlement - not spending more in legal fees trying to improve it.
• A well-timed offer can help settle the matter and may become important if the Court later considers costs.

Chapters

00:00 - Introduction
01:42 - Why Legal Costs Blow Out
06:34 - Litigation by Correspondence
10:00 - What You Should—and Shouldn’t—Ask Your Lawyer to Do
12:15 - Getting Financial Disclosure Organised
16:00 - Hourly Rates, Capped Fees and Fixed Fees
20:40 - Budgeting for a Court Matter
24:58 - How People Fund Their Legal Fees
29:40 - Litigation Funding and Access to Property
34:40 - Settlement Offers and Costs Orders
38:00 - Final Thoughts

Contact (Email)

• Alex Wynn – alex.wynn@keypointlaw.com.au
• Liza Friedwald – liza.friedwald@keypointlaw.com.au

Keywords

family law legal costs, family lawyer fees, divorce costs Australia, separation, fixed legal fees, capped fees, financial disclosure, litigation funding, family court costs, interim property settlement, settlement offers, costs orders, mediation, Australian family law

Disclaimer

This podcast provides general information only and is not legal or financial advice. You should obtain advice about your own circumstances before making any legal or financial decisions.