The recent Vardy v Rooney “Wagatha Christie” saga has captivated the nation, not just for its juicy celebrity drama, but also for the eye-watering legal costs involved. After losing her libel case against Coleen Rooney, Rebekah Vardy was ordered to pay 90% of Rooney’s legal costs, estimated to be around £1.5 million. But before you start thinking that whoever loses in court always foots the bill, let me explain why things work quite differently in family law proceedings.
The Presumption of no order for costs in Family Law
In family law, we have a different approach when it comes to costs. This means that, unlike in other areas of law, the loser doesn’t automatically have to pay the winner’s legal fees. This is quite different to other areas of law, but there’s actually a good reason for this approach.
Why the Different Approach?
The family court isn’t really concerned with declaring winners and losers. Instead, its primary concern is the welfare of any children involved and ensuring that the family’s finances are distributed fairly. The court recognizes that making one party pay the other’s legal costs could seriously impact the family’s overall financial situation.
Think about it this way: if the court has just carefully divided the family’s assets in a divorce, ordering one party to pay a hefty legal bill could completely upset that balance. It’s like carefully cutting a cake into equal slices, then suddenly deciding to give one person a much bigger piece.
When Might Costs Be Awarded?
This isn’t a hard and fast rule though. The court can still order one party to pay the other’s costs in family proceedings, but it’s the exception rather than the rule. The court might consider awarding costs if:
1. One party has behaved unreasonably during the case,
2. Someone has failed to comply with court orders or failed to turn up to a hearing
3. A party has made totally unfounded allegations against the other that have led to litigation or costs being run up that ought not have been incurred in the first place.
For example, if a spouse repeatedly fails to disclose financial information, the court might decide they should contribute to your legal costs.
The Bottom Line
So, while Rebekah Vardy might be nursing a bruised ego and a lighter wallet after her court battle, most people going through family proceedings won’t face the same fate. The family court’s approach is all about finding fair solutions and protecting the family’s resources as a whole.
My advice is always to focus on resolving your disputes constructively rather than looking to “win” at all costs. After all, in family law, the goal isn’t to bankrupt your ex – it’s to find a solution that works for everyone, especially where children are involved.
Every case is unique, so it’s always best to get advice from a specialist family lawyer who can guide you through the process and help you understand how costs might apply in your specific situation.
