Separation and divorce are rarely just legal events. They may involve moving out of the family home, rearranging children’s routines, dealing with changes in income, and facing uncertainty about legal costs, living expenses and the future.
For many people, the difficulty is not that they do not need legal help. The difficulty is that they are concerned about how to pay for it. A person may need advice about their rights, assistance with disclosure, preparation for negotiations, mediation or court proceedings, but may delay seeking help because of short-term cash flow pressure.
In family law matters, costs may include legal fees, mediation fees, court filing fees, expert report fees, valuation fees and other expenses connected with separation. The likely cost of a matter will depend on many factors, including the issues in dispute, the complexity of the asset pool, the conduct of the other party, the extent of disclosure required, whether experts are needed, and whether the matter can be resolved by negotiation or mediation.
At W & G Lawyers, we understand that financial pressure can affect a client’s ability to obtain timely legal advice and progress their matter. In appropriate cases, we may provide clients with general information about external funding options available in the market, including JustFund.
W & G Lawyers is not a lender, financial adviser, credit adviser or taxation adviser. We do not provide financial product advice or credit advice. We do not decide whether a client is eligible for funding, we do not approve funding applications, and we do not guarantee that any funding product is suitable for a client’s personal circumstances. Any decision to apply for, accept or proceed with a funding arrangement is a decision for the client.
What is JustFund?
JustFund is an independent third-party funding provider. It is not part of W & G Lawyers.
Based on JustFund’s publicly available information, JustFund provides funding options for eligible clients involved in family law and estate matters. In the family law context, JustFund’s funding is generally directed to matters involving separation, divorce and property settlement.
For family law clients, JustFund may be relevant where there is a property division matter and the client requires assistance to fund legal fees or related expenses while the matter is being prepared, negotiated, mediated or litigated. JustFund’s own eligibility criteria and terms apply.
JustFund determines whether an application is accepted, the amount of funding available, the expenses that may be covered, the applicable fees and interest, and the repayment terms. Clients should review JustFund’s current documents and obtain appropriate independent advice before entering into any funding agreement.
Why can financial imbalance arise in family law matters?
Financial imbalance is common in family law matters. One party may have greater access to income, savings, business records, bank accounts, property information or legal funding. The other party may have reduced income after separation, increased care responsibilities, temporary accommodation costs, or limited access to joint funds.
In some relationships, one person may have spent many years caring for children, managing the household or supporting the other party’s career or business. After separation, that person may have a genuine claim to property settlement but limited cash available to pay immediate legal fees, expert costs or mediation expenses.
This imbalance can affect the practical conduct of a matter. A person may delay obtaining legal advice, be unable to properly prepare for mediation, or feel pressure to resolve a matter before fully understanding their rights and options.
W & G Lawyers assists clients by explaining their legal position, the family law process, available pathways, likely work involved and estimated legal costs. Where a client raises concerns about short-term funding, we may provide general information about external funding options. We do not, however, advise clients that they must use JustFund or any other funding provider.
How may JustFund operate?
Based on JustFund’s public information, its family law funding may operate by way of a line of credit or similar funding arrangement. Funding is generally used to pay approved legal invoices or related expenses, rather than being provided to the client as general spending money.
The process may generally involve:
- the client, or the client’s lawyer with the client’s instructions, making an enquiry or application to JustFund;
- JustFund requesting information about the family law matter and the client’s circumstances;
- JustFund assessing the application according to its own criteria;
- JustFund providing funding documents if the application is approved;
- the client deciding whether to accept the funding terms;
- approved funds being used in accordance with the funding agreement; and
- repayment being made in accordance with the terms agreed between the client and JustFund.
This is a general description only. It does not mean that all clients will be eligible, that funding will be approved, or that the same terms will apply in every case. Clients must rely on the formal documents provided by JustFund and any independent advice they obtain.
How is JustFund different from a traditional personal loan?
Traditional personal loans often focus on income, employment status, credit history and immediate repayment capacity. In family law matters, those factors may not always reflect a person’s overall position. A person may have limited cash flow immediately after separation but may still have a claim to property settlement.
JustFund’s public materials indicate that its assessment takes into account the nature of the family law or estate matter and the potential property interests involved. However, any funding arrangement may still involve costs, interest, fees, contractual obligations, repayment obligations and consequences if the matter takes longer than expected or the outcome is different from what was anticipated.
Before applying for or accepting any funding arrangement, clients should consider questions such as:
- Do I need external funding, or are there other options available?
- What amount do I need to borrow or access?
- What fees, interest or charges apply?
- When will repayment be required?
- What happens if my matter is delayed?
- What happens if my settlement is lower than expected?
- Will the funding reduce the amount I ultimately receive from settlement?
- Are there any alternatives, such as Legal Aid, community legal services, payment arrangements, family support or other sources of funds?
- Should I obtain independent financial, credit, taxation or legal advice before signing?
How can W & G Lawyers assist?
Funding is not a substitute for legal advice. Family law matters may involve property settlement, parenting arrangements, spousal maintenance, family violence, disclosure obligations, valuation evidence, mediation, court proceedings and settlement documentation. Each matter must be assessed according to its own facts.
If a client is considering JustFund or another external funding option, W & G Lawyers may assist by explaining:
- the general family law process;
- whether the matter involves property settlement issues;
- the likely legal work required;
- the estimated legal costs based on the information available at the time;
- whether mediation, negotiation or court proceedings are likely;
- what legal invoices or disbursements may arise; and
- what questions the client may wish to ask the funding provider.
W & G Lawyers does not:
- act as a financial adviser, credit adviser or taxation adviser;
- assess or approve JustFund applications;
- guarantee that funding will be approved;
- guarantee that any funding arrangement is suitable for a client;
- set JustFund’s fees, interest rates, terms or approval criteria;
- accept responsibility for JustFund’s services, decisions, documents or advice;
- require clients to use JustFund; or
- represent that JustFund is the only available funding option.
The decision to apply for funding, accept funding terms or enter into any funding agreement rests with the client.
Conclusion
It is understandable to feel anxious about legal costs during separation or divorce. Family law proceedings can be emotionally and financially difficult, particularly where one party has limited access to funds before property settlement is resolved.
JustFund is one external funding option that may be available to some eligible family law clients, particularly where the matter involves property division and the client requires assistance with legal costs while the matter is being prepared, negotiated, mediated or litigated. It is not suitable for every person or every matter, and approval is not guaranteed.
If you are going through separation, divorce or property settlement and are concerned about legal costs, you may contact W & G Lawyers to discuss your family law matter. We can assist you to understand the legal process, consider possible pathways, estimate likely legal work, and provide general information about funding options for you to consider independently.
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Disclaimer
This article is for general information only. It does not constitute legal, financial, credit, taxation or other professional advice.
JustFund is an independent third-party funding provider and is not part of W & G Lawyers. W & G Lawyers does not provide financial product advice or credit advice, does not determine eligibility for JustFund, does not approve funding applications, does not set funding terms, and does not guarantee that any funding arrangement is suitable for any client.
Any information about JustFund in this article is general in nature and based on publicly available information at the time of writing. JustFund’s eligibility criteria, fees, interest, approval process and funding terms may change. Clients should contact JustFund directly and review all current funding documents before making any decision.
W & G Lawyers does not require any client to use JustFund or any other funding provider. Clients should consider obtaining independent financial, credit, taxation or legal advice before applying for or entering into any funding agreement.
This article is general information only and does not constitute legal advice under Australian law. For advice specific to your situation, please contact W & G Lawyers. For further details, please click here to view our disclaimer.