Read our Complete Guide to Rule 43.
Rule 43 also allows an interim contribution to be made to cover the legal costs of the divorce, so neither spouse is disadvantaged in the case by a lack of funds. This prevents the better-off spouse from gaining an advantage in the case due to greater financial resources.
What the courts consider in ordering a contribution to legal costs:
- Complexity and scale of the litigation (for example, are experts needed to provide evidence or reports, such as child psychologists?)
- Relative means and access to funds
- Reasonableness of the budget (it should not be a blank cheque)
Recent decisions suggest that the aim is for each party to be able to present their case fully, even if one side is under-resourced and the other has unlimited means.
When asking for a contribution to legal costs, you must show:
- A brief, costed litigation plan (discovery, experts, counsel)
- Proof of the other party’s spend (or capacity to spend)
- FDFs, bank statements and quotes (e.g., for forensic accounting if needed)
The legal basis for an order is the Uniform Rule 43(1), which includes a “contribution towards the costs of a pending matrimonial action”.