Written by Kady McCourt, Family Lawyer
When a Family Law matter goes to court, nearly all cases will include a claim for one party to pay the other party’s expenses incurred through the court process. Individuals are often surprised and concerned when they see a claim for costs in an Application, Answer or other court document. Many litigants enter into the court process with little or no understanding of the potential cost consequences.
Rule 24 of the Family Law Rules is the primary Rule that deals with costs Orders in Family Law cases. While in practice, many Family Law cases are settled with each party paying their own costs, there are a number of scenarios that arise where a party may find themselves being Ordered to pay some or all of the other party’s legal costs. The following examples are only a few such scenarios:
When a Family Law matter goes to court, nearly all cases will include a claim for one party to pay the other party’s expenses incurred through the court process. Individuals are often surprised and concerned when they see a claim for costs in an Application, Answer or other court document. Many litigants enter into the court process with little or no understanding of the potential cost consequences.
Rule 24 of the Family Law Rules is the primary Rule that deals with costs Orders in Family Law cases. While in practice, many Family Law cases are settled with each party paying their own costs, there are a number of scenarios that arise where a party may find themselves being Ordered to pay some or all of the other party’s legal costs. The following examples are only a few such scenarios:
- You show up unprepared for a Case or Settlement Conference: The first step in most Family Law Cases is a Case Conference. Prior to the Cas...