VIC Separation - payment of legal fees

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Fonzi75

Well-Known Member
23 October 2019
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I am currently going through a separation. As I understand in most cases both parties bear their own legal costs. I myself have a loan agreement with my parents to pay for my legals. My ex has taken out an IVO on me and I have some legal costs (20K) associated with defending the order. My question is can I apply funds from the property pool to pay for the IVO legal costs as this is cost that applies to both parties and is separate from the legal costs of the separation itself? Hope I have explained myself properly. Thanks In advance.
 

Atticus

Well-Known Member
6 February 2019
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2,394
My ex has taken out an IVO on me and I have some legal costs (20K) associated with defending the order.
Oh man .... I hope the lawyer at least invites you out fishing on the new boat!

Is the IVO finalised now or is some of that $20K being held in trust account? .... If finalised, what was the outcome?

My question is can I apply funds from the property pool to pay for the IVO legal costs as this is cost that applies to both parties and is separate from the legal costs of the separation itself?
So as the rspondent you have the choice whether to oppose or accept the IVO & also to obtain legal representation or represent yourself, either way, they are your legal costs not joint ... When your property settlement is done, & money distributed, you can pay your legal fees from YOUR share if you wish, but legal fees can not come out from 'joint asset pool' pre settlement...
 

Atticus

Well-Known Member
6 February 2019
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Hmmm ... Not personally a fan of AWA on EVERY occasion .... I think that decision should hinge on the circumstances & allegations being made in each case ....

Self rep also = $0 legal fees .... warranted if the grounds for the interim FVO are blatantly false .... Often magistrtaes are quite open to undertakings as well as an option, again depending on the circumstances
 

Rod

Lawyer
LawTap Verified
27 May 2014
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If you are spending the money, spend the money now and worry about a division later.

I suspect the $20K is for more than just an IVO.