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Can I claim divorce legal fees from my spouse?

In short, yes. This will, however, depend on the reasons behind the divorce. If you have decided to proceed with 2 years’ separation with your spouses’ consent, it is unlikely that the court will award costs in your favour.

It is best to try and agree this aspect of the divorce with your spouse, in advance of the divorce papers being lodged at the court. If agreement is not possible, then the matter will be placed in the hands of a judge to decide; the judge could order your spouse to pay all of your divorce costs, or a contribution towards them.

Gemma Richardson