When Settling Financial Disputes, Who Pays The Court Fees?

April 17, 2023    Familylawyers
When Settling Financial Disputes, Who Pays The Court Fees?

During the breakdown of a de facto relationship or marriage, property settlements play an essential part. The settlement helps in ensuring that the finances and the properties are divided fairly between the two parties.

Settling monetary disputes can be pretty stressful for individuals. The settlement must be done in a proper manner so that the parties involved receive the best outcome for themselves and their children.

The Financial Agreement lawyers Perth can certainly guide individuals on such matters. They can offer their assistance by helping explain the areas of a financial agreement and how the disputes can be resolved.

Who Pays The Court Fees During The Settlement Process?

During a monetary settlement, the court fees are paid by both parties. Generally, when one party gets to make the application at the court, he/she has to pay a higher amount for the court fees. This might be an additional AUD200 or more than that.

The Financial Agreement lawyers say that court fees become applicable during a separation or divorce but will depend heavily on the circumstance. It is crucial to have a useful insight into who exactly is accountable for this type of fee because it can have a massive impact on the parties involved.

The court will charge fees according to the events taking place in the court. For instance, in 2023, the divorce application will cost AUD 900 in court fees. But this doesn’t include the legal fees, which one needs to pay to prepare the application for divorce.

Individuals who are experiencing monetary hardships will receive assistance from the court, such as a waiver or a lessening of the court fees. One might qualify for legal aid when he/she has a low income or is on Centrelink.

But a financial lawyer pointed out that this type of help will only be available to people who are facing a difficult monetary situation. Doing so will help them gain access to legal justice.

To make sure that the individual receives proper financial assistance, the court will take several aspects into account, such as debts, income, monetary resources and assets.

Why Are Court Fees Different From Legal Fees?

Before thinking of settling financial disputes in court, one must understand that legal fees and court fees are not the same. It’s mainly because court fees are only payable to the court.

But, the legal fees, on the other hand, are paid to family lawyers in Perth WA who are taking care of the financial dispute matter. All legal fees under the monetary settlements get paid by the parties involved to their respective lawyers.

In the majority of the cases, the legal fees might range from AUD 5000 to AUD 30,000 to help finalise the matter. If one has any questions related to the financial dispute, the court fees or legal fees must speak to their lawyers directly.

The experienced lawyer will provide the proper support and advice he/she needs when it comes to having a proper understanding of the court process and fees. They will surely offer their support at each step.

When Do The Courts Make The Order For Court Fees?

There are several situations during which the court might pass a costs order. These are:

  • When the offer for settling a specific matter is made by a party, and the other party declines the offer. The court will then proceed forward and make an order which is not favourable towards the party that declines the offer.
  • When one party wants to file an application in the proceeding, which is already provided to the court because of a problem, such as with the opposition, is not providing needed documents.
  • When a court order got breached by one out of the two parties, the other party involved, filed the application because of the breach.

The court will also consider several other things when it comes to determining whether or not to issue an order to pay up for the legal fees, which are:

  • Whether or not any of the parties is getting legal aid
  • When one of the parties has not gained any success during the court proceedings.
  • Taking a look at the monetary situations of both the parties
  • How both the parties have conducted themselves during the entire law proceedings
  • Whether or not an official written offer was made by one person to the other.

When the court makes an order where one party has to pay the legal fees for the other party, all these costs will be awarded in the “party-party” format. The court has a cost schedule under the court rules.

This helps in setting out how exactly the “party-party” expenses get awarded. Based on this specific schedule, the portion of the legal cost gets covered through the party-party expense order.

Erudition You Must Provide The Lawyer On Fiscal Conditions

When it comes to the settlement of monetary, one needs to provide as much information as possible to the family lawyers in Perth on their monetary states. The information you must provide are:

  • The Centrelink advantage statements
  • Tax returns
  • Mortgage and bank documents
  • Evidence of household costs and bills
  • Loan and credit card statements
  • Rent receipts and payslips
  • Loss and profit statements of the business
  • Provide on children’s costs, such as invoices for activities and school fees
  • Superannuation statements
  • Provide statements on dividends and any other kind of investments

How Will The Financial Lawyers In Perth Help You?

Taking the services of the best family lawyers Perth will help individuals resolve their financial disputes quickly and effectively. They will review all the documents that are provided, double-check them, get one last confirmation about the documents from their clients and then submit them in court.

The lawyers are skilled, professional and experienced enough to understand and handle all types of financial dispute cases effectively. They have helped many people in the past and were able to provide the best outcome through their service.

Parting Thoughts

The financial lawyers in Perth, especially from Tang Law, have the skills and knowledge to deal with all types of financial dispute cases. They will provide proper knowledge and understanding of the financial agreement to their clients and what they need to do to resolve the dispute.

REQUEST A QUOTE NOW! Complete the form below for a fast response

  • We all dream of a happy family and me and my wife were also among many of those who wish the same. But a family is incomplete without a child and unfortunately, we were never blessed with this most beautiful feeling. We also tried to adopt a child but that also seems to be a difficult task to us as we are stuck with legal matters, as a result, this beautiful dream seems to be a nightmare to us. So, we searched for family lawyers near us and got to know about Family Lawyers Perth WA. We explained all the matter to them & they understood all very nicely. Family lawyer Perth helps us throughout the procedure and assists us with all the legalities. A heartfelt thanks to family lawyers Perth WA and their immense services.

    Sansa Stark
  • After a divorce I was looking for a Family Lawyer in Perth to assist me with my child custody. Through the recommendation of one of my friends, I got to know about Family Lawyers Perth WA. The child custody lawyer studied my case deeply and helped me in getting custody of my child. Moreover, the lawyer was very prompt and genuine in helping me with my case. Overall I got a very professional and decent service that proved that my decision of selecting family lawyer Perth was a fruitful one. Thank you Family Lawyers Perth WA team for sorting all the legal procedures and your hard work.

    Jaime Lannister
  • it is not easy to raise a voice against domestic voilence and i was feeling suffocated in this relationship. but then, one of my friends arranged a meeting with family lawyers perth,WA, asking me to consult them for one of my matters. i explained everything i was facing and they assigned a domestic Voilence lawyer who listined to me carefully. he was friendly, efficient, timely and infomative. the lawyer gave me the right solution and without misleading me. i would highly recommend family lawyers perth for any of your legal matters

    John Snow
Copyright © Family Lawyers Perth. All Rights Reserved
Enquire Now
Call Us Now