What if I Can’t Afford My Family Lawyer’s Fees in BC?

One of the scariest things, when you are caught up in a family law fight, is not having a family lawyer because you can’t afford your family lawyer’s fees.  Especially when your spouse has one. Most divorcing couples I meet are not on equal footing, especially financially. There is usually one spouse who is the financial earner and controller, and the other spouse takes care of other (just as valuable) aspects of life such as raising children, staying at home, etc.

When divorcing, that couple is no longer a unit complementing each other. They are often on opposite ends. And the one who was the breadwinner almost always has the upper hand. And more resources to fight or abuse if they are that type of a person.

Of course, there are couples who used to be a unit and decide to separate their ways with love and peace. Those couples never have to face each other in court. But if you are not that lucky, you are not alone. In fact, you fall into the common types of divorces. And you need to figure out how to pay for your lawyer fees so that you can protect your rights, your children’s rights and your future.

Thankfully, in this fantastic country, we call Canada, our legal system has come up with ways to level the playing field and provide financial assistance to those who are vulnerable or have less power when going through a divorce.

Let’s look at different ways to afford or pay for your family lawyer in BC.

How can I Get My Ex to Pay for My Family Lawyer’s Fees in BC?

You can get your ex-spouse to pay for your family lawyer’s legal fees either through an agreement or a court order. In amicable cases, one spouse can agree to pay for his or her ex’s lawyer to provide independent legal advice on a separation agreement or consent order. In high conflict cases, one spouse often opposes paying for his or her ex’s legal fees and therefore a judge may be required to order your ex-spouse to pay for your legal fees.

Let’s look at different ways you can have your legal fees paid when you are dealing with a family law matter:

Paying for Family Law Legal Fees from Family Assets

At the beginning of your family law case, you can set aside some of the family assets to pay for the costs of mediators, lawyers, negotiations or court.

It is important that you consult with a family lawyer prior to your ultimate separation to figure out how to budget for your separation and eventual divorce. We usually advise the person with less money to put aside some of their savings or cash to live on or pay for legal expenses in contemplation of separation or divorce. This makes sure that if your spouse suddenly leaves, and possibly takes all the money, you are not left hanging without any funds to survive on. If this situation occurs, you may have to apply to the court to get funds to live on and pay for your expenses which can be very costly.

Interim Advance to Pay for Family Law Legal Fees in BC

If you already have a family law court case in BC and have difficulty paying for your legal fees, you can apply to the Court to obtain an interim advance to pay for legal fees. S.89 of the Family Law Act allows a spouse to obtain funds from family assets to pay for “dispute resolution” which may mean mediation, obtaining appraisals, paying for legal fees, etc.

s. 89 of the Family Law Act has the objective of making sure spouses in family matters are on level playing fields when it comes to family law and litigation. This is because the ‘richer’ spouse can have the resources to afford lawyers and have more ammunition, and the less advantaged spouse may find him/herself without lawyers or help due to having no funds.

Can I Sue My Ex for Attorney Fees in BC?

It depends. You cannot ‘sue’ your ex to pay for your attorney fees because you have no money. You can however make a claim for an interim advance under the Family Law Act to pay for your legal fees from family assets. However, if your ex acts outrageously in the litigation and abuses the court’s process, you can sue for special costs. A judge can order your ex to pay special costs which means he/she will have to pay you all the money you pay to your lawyer to defend your family law case.

What if I Can’t afford an Attorney for Child Custody in BC?

If you and your ex do not have much savings or assets to pay for legal fees, you can apply to Legal Aid BC to help you with child support, child custody and spousal support issues. Note that in order to qualify for legal aid, your income needs to be lower than a certain threshold. To contact Legal Aid BC, please click here.

Who Pays Court Costs for Family Court in BC?

Our courts are generally free. You do have to pay some fees to file your Notice of Family Claim or to book a trial date, but there are no substantial court fees.

A person who is successful at a family law trial or hearing is generally entitled to their ‘costs’ meaning the unsuccessful person has to pay a penalty based on a tariff. More on that in our next blog.

How Can I Get My Ex to Pay My Attorney Fees?

Here are the options to get your ex to pay your attorney fees:

1. Come up with an agreement with your ex that he or she will pay for your lawyer in negotiating a settlement;
2. Try to see if you and your ex can agree on setting aside some family funds or property to pay for your legal fees;
3. Ask for an interim advance under s.89 of the Family Law Act;
4. Ask for your costs if you are successful at a trial or court hearing;
5. Ask for special costs if your ex acts outrageously during the litigation and abuses the court’s process;
6. If you are receiving spousal support, perhaps use some of those funds to pay for your legal fees.

At YLaw, our family and divorce lawyers have expertise in making sure you have enough funds to pay for mediation, negotiation or court if required. We try our best to help our clients create a level playing field in order to protect their rights. Call our award-winning family law firm at 604-974-9529 or get in touch.