Requests to provide for legal fees
In family law, requests to provide for fees are meant to have the party who will pay the alimony cover the legal fees of the party requesting alimony. This money is allocated by the Court during the unfolding of the main proceedings.
This provision is available in divorce, separation or child support cases, as well as in motions to modify accessory measures, whether after a divorce or a separation.
Providing for fees is at the discretion of the Court, which considers namely the respective financial situations of the parties appearing before it.
Economic disparity between the parties involved is often invoked in support requests, and eligibility of the plaintiff for legal aid does not annul the request to provide for legal fees.
Other factors may also be considered. For instance, the Court may be inclined to provide for fees if the plaintiff is acting for and on behalf of the children.
Behaviour of the party required to pay alimony is also a relevant factor. If the latter tries to avoid any financial responsibility or dilapidate its assets in order to deprive the plaintiff of its due, the Court is often moved to agree with the request to provide for legal fees.
Notwithstanding exceptional cases, this request however does not cover fees incurred prior to the motion. Therefore, the request has to be submitted on time during the unfolding of proceedings already begun, lest the possibility to benefit from it be lost.
Our family lawyers are well aware of the preparation of the required documents to submit a request to provide for legal fees. They are able to provide you with adequate counselling as to the appropriateness of resorting to this accessory measure apart from your main request.