Family court should treat both parties fairly, regardless of what either can afford. But unfortunately, the party with stronger, better-funded representation often has a real advantage.
This is something we explored on our podcast, That Family Law Guy: Unfiltered – watch the full episode below.
Is Family Court Really a Level Playing Field?
Not currently. In family court, only 13% of private-law cases disposed of in early 2026 had both parties legally represented. Nearly half (49%) had neither side represented. Legal aid has narrowed sharply since 2013, when around 19% of private-law disposals involved no representation on either side. By 2024, that figure had risen to 39%.
Why Are More People Representing Themselves?
As legal aid funding shrinks, solicitor fees are rising to cover fewer paying cases. Rising family court costs leave many people unable to instruct a solicitor. The result is more litigants in person – people navigating family court procedure without a lawyer, often for the first time. Many litigants in person enter proceedings prepared for a conversation, not a legal process with its own rules and deadlines.
What Is a Legal Services Order, and Why Is It So Underused?
A legal services order allows the financially stronger party to be made to cover some of the other party’s legal costs. It is most relevant where divorce finances or a financial settlement after divorce are in dispute. It exists specifically to narrow the representation gap. Even family law professionals describe it as little-known, and it is not something the court grants automatically. The system needs to be made fair, rather than even fairer.
Does More Money Always Mean a Better Outcome?
Not always, but the imbalance is real and openly acknowledged within the profession. Representation affects how well a case is prepared, not simply how much is spent. Preparation, evidence and understanding the process matter just as much as funding.
What Can You Do if You’re a Litigant in Person?
You don’t have to choose between solicitor-level costs and going into family court with no support at all. McKenzie Picave offers practical, affordable support throughout a case, without solicitor-level fees. See how this compares to instructing a solicitor directly, or check our fees for a clear idea of cost.
Does Facing Allegations Add Extra Pressure?
Allegations in family court can be an intensely difficult experience, whatever the eventual outcome. The process itself can take a real emotional toll, not just a legal one. Clients tell us that steady support, legal and emotional, makes a genuine difference while a case is live.
If This Sounds Familiar
You shouldn’t have to navigate family court on your own because of what you can afford. Book a free, no-obligation consultation with McKenzie Picave to talk through your situation.
