Who pays my costs? costs?

Generally speaking, you will be responsible for your own legal costs. You will be advised in advance as to the prospect of success of your action and whether it is likely the other party will have to contribute towards your legal costs.

You need to bear in mind, however, that if you are unsuccessful or unreasonable you may well have to pay towards your opponent’s costs as well as your own.

When could I expect the other party to pay my costs?

You might be expecting the other party to pay your legal costs but it is not always as simple as that.  In family finance cases and those involving children, awards of costs are unusual unless the other party has been unreasonable then they may be ordered to pay a contribution towards your costs.

In other cases where we recover damages, money or property for you then you might also be awarded a contribution towards your costs.  Even in those Court Applications where you do obtain an Order for the other party to pay your costs it almost invariably happens that there are costs we incur in conducting the case for you that we are not able to recover from the other party.

It is important to be aware that this firm is employed by you and that you are personally responsible for the payment of our fees, regardless of any order for costs made against your opponent. Even if the other party is ordered to pay your costs, there are circumstances in which you will still be responsible for all our fees including, for example :-

  • Where the other party does not pay promptly or at all.  It is possible for us to help you to recover this debt; we will be pleased to discuss this where appropriate.
  • Where the other person’s contribution cannot be recovered, for example, when they are incapable of paying or are legally aided.

Get in touch


We can help you with all aspects of family law from children’s issues, financial issues, divorce and separation to pre-nuptial agreements.

01522 516 500
enquiries@dianegenders.co.uk