Legal and family law fees, with a clear view of the cost before you proceed.
- Indicative answer within 2 business days
- Unsecured loans from $5K to $100K, and buyout refinances once orders are in place
- Separating couples, single applicants, and self-employed ABN holders
- Family law, property settlement, mediation, and conveyancing costs
- Full-doc (tax returns), low-doc or alt-doc (BAS, bank statements or an accountant's letter instead) options across our 90+ lender panel
Separation is expensive at exactly the moment your finances are least settled. Legal fees fall due while assets are frozen or contested, joint accounts may no longer be available, and a home loan in two names is not something either party can easily refinance until the property settlement is resolved. Finance in this situation is about timing as much as approval: what can be borrowed before a settlement is different from what can be borrowed after it. Joseph Farhat and his team have worked through these before, there is no judgement in the conversation, and you will get an honest read on what is achievable at each stage.
Before you borrow: options worth checking first
Depending on your circumstances and your income, you may be eligible for legal aid, and your state or territory legal aid commission can tell you what applies and what it covers. Community legal centres offer free initial advice in most areas. Many family law firms will discuss a payment arrangement, deferred billing, or in some matters a costs agreement paid from settlement proceeds, so it is worth asking your solicitor directly before assuming you need to borrow. In some circumstances a court can order that one party pay the other's costs or make an interim order for funds to be released, and your solicitor is the person to ask about that. We will still be here if a loan is the right answer.
Who we can help access finance
- People covering family law fees while a property settlement is still being negotiated.
- Those needing to pay out a former partner's share of a jointly owned home to keep it.
- Borrowers refinancing a joint mortgage into one name once orders or an agreement are in place.
- People setting up a separate household: bond, furniture, a car, and the costs of two homes instead of one.
- Borrowers whose income looks different post-separation and who need to know what they can now support alone.
- Self-employed borrowers and ABN holders whose business is part of the asset pool.
- Those funding mediation, valuations, and expert reports before a matter reaches court.
- People carrying joint debts they need to separate from.
How Finance Works During a Separation
There are two distinct stages and they call for different products. While the matter is unresolved, legal fees and living costs are usually funded with an unsecured personal loan assessed on your own income, because the jointly held assets are not yet available to you and most lenders will not lend against contested property. Once orders or a binding agreement are in place, the picture changes: a spousal buyout is a mortgage transaction, refinancing the joint loan into your sole name at a value that pays out the other party. That second stage prices at home loan rates and is a different application entirely. Joseph Farhat and his team will tell you which stage you are at and what is realistic now versus later.
What Lenders Assess
Your income alone
post-separation, serviceability is assessed on you, not the former household, which is the change most people underestimate.
Existing joint commitments
a joint mortgage generally counts fully against you until it is refinanced or discharged, even if the other party is paying it.
Stage of the matter
whether orders or a binding financial agreement exist changes what can be lent against the property entirely.
Child support and maintenance
payable amounts reduce serviceability, receivable amounts are accepted by some lenders and not others.
The asset pool
for a buyout, the agreed value of the property and what is owed on it determine whether the numbers work.
Credit file
joint debts that fell behind during the separation are common and do not automatically rule you out.
Whether the business is in the pool
for self-employed borrowers this affects both the settlement and the lending assessment.
The Process: What to Expect
- Talk to Joseph Farhat and his team about where the matter is up to, what you need funded now, and your own income. We will ask whether you have spoken to your solicitor about legal aid or a payment arrangement first.
- Provide the basics: identification, income evidence, details of joint and personal debts, and any orders or agreement if they exist.
- We identify what is achievable at your current stage, and separately what will become achievable once the settlement is finalised, so you can plan rather than react.
- For immediate legal costs, we place an unsecured application with lenders most likely to approve it. For a buyout, we work to the settlement timeline and the agreed property value.
- Funds are released for the immediate need, and we stay in contact through to the property settlement so the refinance is ready when the orders are.
Indicative Finance Options
| Route | Pricing | Typical Amount | Loan Term | Available | Speed to Funding |
|---|---|---|---|---|---|
| Unsecured personal loan | Priced for flexibility | $5K to $100K | 1 to 7 years | Before settlement, on your income alone | Within 2 business days |
| Spousal buyout refinance | Sharpest available pricing | Up to the agreed property value | Up to 30 years | Once orders or an agreement are in place | 3 to 6 weeks |
| Private Finance | Priced for speed and complexity | Varies | Short term | Available for unique scenarios | Available for unique scenarios |
Indicative figures only. Actual terms depend on your circumstances, the property, and lender assessment at the time of application. We quote your rate and comparison rate for your specific loan amount and term before you apply. Terms are subject to change.
Why borrowers choose Settled With Joe for legal and divorce finance
We represent you, not the lender
Joseph Farhat and his team act in your interest, and on consumer lending that is a legal duty, not a slogan.
Timing matters
what you can borrow before a settlement and after one are completely different, and knowing that early stops you applying for the wrong thing at the wrong time.
We will point you to legal aid and your solicitor first
a payment arrangement or a costs order may cover it, and those cost nothing to ask about.
Joint debts count fully against you
most people are surprised that the whole joint mortgage sits on their file even where the other party is paying it. We factor that in from the start.
Buyout numbers early
we can assess whether a buyout would be achievable on your income, so you and your solicitor have that number when it is needed.
One conversation, not five applications
your credit file matters more than usual when a refinance is coming.
No judgement, and total discretion
we do not need the details of your matter, only the numbers.
Private finance for unique scenarios
where bank and non-bank lenders are not the right fit, we can introduce you to private finance options.
Usually no direct cost to you
as a broker we are typically paid by the lender on settlement.
An honest answer early
if keeping the house is not realistic on your own income, we will tell you, so you and your solicitor have that information.
Frequently asked questions
What is legal fees and divorce finance?
It covers two different needs. The first is funding legal costs and living expenses during a separation, which is usually a standard unsecured personal loan assessed on your own income. The second is a spousal buyout, meaning refinancing a jointly owned property into your sole name and paying out the other party, which is a mortgage transaction and only possible once orders or a binding financial agreement are in place. They are different products at different stages.
Can I borrow against a property that is part of the settlement?
Generally not while it is contested. Lenders will not advance against property whose ownership is unresolved, and in many cases a caveat or an injunction prevents dealings with it in any event. That is why immediate legal costs are usually funded unsecured, on your own income. Once orders or a binding financial agreement are in place, the property can be lent against, and a buyout refinance can be assessed on your income alone. Your solicitor will confirm what restrictions apply to your matter.
What is a spousal buyout and how does it work?
A spousal buyout is where one party keeps the family home and refinances the mortgage into their sole name at a level that pays out the other party's share. The lender assesses whether you alone can service the new loan, at the agreed property value. In most states, transfers of property between separating parties under court orders or a binding financial agreement attract a stamp duty exemption or concession, which can save a substantial sum, and your solicitor or conveyancer will confirm eligibility. Your solicitor can tell you how this applies before a settlement figure is agreed.
Does my ex-partner's mortgage count against me?
Usually yes, in full, and this surprises almost everyone. Where you are jointly liable on a mortgage, most lenders assess the entire debt against you regardless of who is actually making the repayments, because you remain legally responsible for all of it. A minority of lenders will consider a partial treatment where there is a court order and evidence of the other party servicing it. This single point often determines whether you can borrow at all before settlement.
Does child support affect what I can borrow?
Yes, in both directions. Child support you pay is treated as a commitment and reduces your borrowing capacity, generally in full. Child support you receive is treated inconsistently: some lenders accept a portion of it as income where it is court-ordered or administratively assessed and consistently received, others disregard it entirely. That variance is significant enough to change which lender is worth approaching, and it is not something advertised anywhere.
Will applying affect my credit score?
Every credit application is recorded on your file. This matters more than usual during a separation, because a buyout refinance is often coming in six or twelve months and you want your file clean for it. Applying to several lenders now for legal fees can compromise the larger application later. We work out which lender fits before anything is lodged, so your file carries one enquiry rather than several.
What is a comparison rate, and why are no rates shown on this page?
A comparison rate combines the interest rate with the standard fees into a single figure so two loans can be compared honestly. It matters here because the two routes on this page, an unsecured loan now and a mortgage later, price on entirely different tiers, so any single headline number would be misleading. A comparison rate is also only meaningful for a specific amount and term. We quote your rate and comparison rate for your real structure instead.
Do you work with borrowers with bad credit?
Yes, we do. Defaults, arrears, or a thin credit file do not rule you out, and it is not something we will make you feel awkward about. Joint debts falling behind during a separation is one of the most common ways an otherwise clean file picks up a listing, sometimes on an account the other party was managing. Several lenders on our panel weigh your current income and conduct more heavily than the file, and price for the risk rather than decline it. Telling us early lets us approach the right lender first.
Can I get finance if I am self-employed and my business is part of the settlement?
Yes, though it needs more care. Where the business forms part of the asset pool, its value and your income from it are both in question until the matter resolves, which some lenders find difficult. Alt-doc and low-doc lending assessed on BAS or an accountant declaration is often the workable route in the interim. Once the settlement is finalised and the ownership position is clear, the full range of options reopens. We work alongside your accountant and solicitor throughout.
Do you act in my best interests?
Yes. When we provide credit assistance on consumer lending we owe you a best interests duty. We make reasonable enquiries into your financial situation, requirements, and objectives, and we must not suggest or help you apply for a loan that is unsuitable for you. On this page that duty is why we point you to legal aid and to your solicitor before we set out the loans, and why we will tell you plainly if keeping the home is not realistic on your income alone. Before we provide credit assistance you will receive our Credit Guide.
Why work with Settled With Joe during a separation?
Because what you can borrow changes as the matter moves, and that is rarely explained. Most of the people we help here need legal fees covered now while a property settlement is months away, and they have no idea whether they will be able to keep the house at the end of it. Those situations are not unusual to us and there is no judgement in the conversation. What matters is your income alone, how the joint debts are treated, and what stage the matter has reached. We can assess whether a buyout would be achievable on your income, so you and your solicitor have that number when it is needed. We are brokers, not lawyers, so your solicitor stays in the picture throughout. Our panel covers 90+ bank, non-bank, and specialist lenders. We are based in Sydney and work with borrowers Australia-wide. Joseph Farhat and his team will tell you honestly and early what is achievable.
Do you give financial advice?
No. We do not guide you on your finances, nor give financial advice. We focus on outcomes and solutions of presenting your unique scenario to the right lender so you can access funding in a timely and compliant manner.
Do you help with legal and divorce finance outside Sydney?
Yes. Settled With Joe is based in Sydney and arranges legal and divorce finance Australia-wide, covering both metro and regional areas. We work with clients in Sydney, Melbourne, Brisbane, Perth, Adelaide, and Canberra, as well as regional areas including Newcastle, Wollongong, Geelong, Gold Coast, Sunshine Coast, and Toowoomba. Family law is federal, but stamp duty concessions on transfers between separating parties are set by each state, so your solicitor or conveyancer can confirm what applies where you are. Joseph Farhat and his team will identify which lenders on the panel are the best fit for your situation.
