Reimbursement of expenses for legal assistance in case of divorce

During a divorce, if the parties have lived together for a long time and have acquired a lot of joint property, they usually turn to professional lawyers for legal help and to achieve a fair division of property.

However, not every citizen knows what are the peculiarities of the distribution of costs in this category of cases. What is the relevance of the chosen topic?

Therefore, in this article, we will talk about the legal subtleties of the issue of reimbursement of costs for legal assistance in divorce.

What should be understood by the costs of legal aid?

Costs of legal aid - these are the monetary expenses of each participant in the legal process, which are related to the judicial review of the case and the involvement of a professional lawyer to obtain legal assistance.

Thus, the lawyer represents the legal interests of an individual in the judicial authorities, and the latter in this connection bears the costs of legal assistance.

What must be done to reimburse the costs of legal aid in case of divorce?

• The first step is for the parties to indicate an approximate list (calculation) of court costs that they plan to incur in connection with the consideration of court proceedings. Yes, the plaintiff indicates this calculation in the statement of claim, and the defendant - in the response to the statement of claim. Thus, it can be said that the corresponding requirement should be indicated only in the statements on the merits of the case, which are submitted to the court of the first, appeal and cassation instance;
• After the court proceedings have been scheduled for consideration, before the end of court debates, the party to the case has the right to submit a separate application for reimbursement of legal aid costs. Along with this, it is necessary to add appendices and an evidence base that confirms the receipt of such services or the attorney's performance of relevant work. If a person has valid reasons that make it impossible to submit the appropriate evidence base to the court debate, then he can submit it within 5 days after the decision on the merits of the case (but at the same time, an application for reimbursement of legal aid costs must be written earlier);
• Obtain a positive decision in favor of the party in the case. In other words, win the case on the merits.

Pay attention! It is necessary to follow a clear algorithm of actions, which is defined in the current legislation (CPC), because any procedural violation by a party to the case creates grounds for refusing to reimburse expenses.

So, for example, in the resolution of 09/14/2022 in case No. 295/190/20, the Supreme Court refused to pay the costs of legal aid, because the party in the case did not provide a detailed description of the work and services performed by the lawyer and did not specify the amount of time, which he spent on legal aid.

What evidence can support the implementation of legal aid expenses?

• Agreement on the provision of legal assistance between a lawyer and his client (a party to the case). Other additional agreements may also be concluded;
• Confirmation of the attorney's authority - a certificate of the right to engage in advocacy, as well as a copy of the warrant for the representation of the client's interests in the case;
• Act on the provision of the appropriate number of services (it necessarily lists the works and services provided by the lawyer within the framework of the contract);
• Receipts, expense invoices, or payment orders, which contain an instruction on the assignment of payment for legal aid services;
• A detailed description of works and services, with a mandatory indication of the time spent on their performance. It is usually given in an arbitrary form, but from this description, the judge must understand the main essence of the services provided.

Reimbursement of costs for legal assistance is quite a difficult issue to solve independently, and therefore, in such a situation, the best option would be to contact professional lawyers - the Prikhodko and Partners law firm.

We understand this issue perfectly, as we constantly apply the provisions of current legislation in practice and have thorough knowledge in various areas of law. Get in touch!