Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Thursday, November 5, 2009

Litigation Funds Fueling Divorce Litigation in Australia

During a divorce in the United States, a party might have to pay attorneys fees for the other, often nonworking, spouse.  However, one Australian article notes that wives challenging property division upon divorce are increasingly utilizing litigation funding—money fronted by a company in exchange for a success fee.  Litigation funding certainly permits those to litigate when they otherwise could not afford to do so, which is particularly helpful in family law cases, where men often have more money to pursue litigation.  The downside, of course, is that it has increased many people’s litigiousness, even when such a trait becomes unnecessary and counterproductive.    



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