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Wednesday, February 16th 2011

Wives Litigating for Greater Split

The Australian reports that women are entering into agreements with "litigation funders" to fight husbands for a bigger slice of the matrimonial pie.  Litigation funders are companies that cover legal costs in return for a success fee.  Although the "litigation funding" has been used in commercial matters, it is quickly spilling over to the family law courts.

On its face, litigation funding appears to counter a historic problem of family law; that is, according to Chief Justice Diana Bryant, that husbands have been historically in "control of all the assets and the wife has got nothing."  However, the litigation funds seem to be driving matters into expensive, prolonged litigation in matters that should not be hotly contested.  It should be noted that the cases being moved forward by litigation funds are primarily property cases, not children cases.

Litigation Funds in Australia

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