Funding Your Divorce: Sears Tooth Agreements & Other Options
Most clients pay our fees in stages as their case progresses, so costs are spread and there are no surprises. If you own a home but don't have the funds to pay as you go, we may be able to offer a Sears Tooth agreement instead.
We explain all costs clearly before any work begins, so you know what your case is likely to cost and how you can fund it.
Your Options
How You Can Fund Your Legal Fees
Most clients pay our fees in stages as their case progresses, so costs are spread and there are no surprises. If you own a home but don't have the funds to pay as you go, we may be able to offer a Sears Tooth agreement instead.
Paying Fees as Your Case Progresses
The most common route for our clients
Most clients pay our fees in stages as their case progresses, so costs are spread and there are no surprises. We provide a clear, written cost estimate before any work begins. For straightforward matters such as no-fault divorce, we offer fixed fees so you know exactly what you will pay.
- Fixed-fee divorce from £750 plus VAT and the court fee (£593)
- Hourly rate work for contested matters, always agreed in writing first
- Regular billing so you stay in control of costs throughout
- Cost updates provided at every significant stage
- Staged payments aligned to key milestones, discussed and agreed in writing before work begins
Sears Tooth Agreements
How a Sears Tooth Agreement Works
A Sears Tooth agreement is an option for homeowners who cannot fund their case as it goes on. It is not available to every client, and every case is assessed individually.
Free initial call
Tell us about your situation and your home. We'll explain your options, including paying as you go, and whether an assessment for a Sears Tooth agreement makes sense.
Assessment (£500 + VAT)
We review the property's value, any mortgage, your likely share and your case, then confirm whether we can offer a Sears Tooth agreement.
Sign the agreement
You agree that our fees will be paid from your share when the property is sold or transferred.
Your case goes ahead
We act for you on your divorce and financial settlement, with no further fees to pay as the case goes on.
Fees are paid at the end
When the home is sold or transferred, our fees are paid from your share before the balance is released to you.
Find out if you qualify.
Eligibility
Who Can Use a Sears Tooth Agreement?
We may be able to offer one if:
- You own your home jointly with your spouse, or in your sole name, or you have a beneficial interest in it
- There is enough equity in the property to cover the likely legal fees, even if there is a mortgage
- The home is expected to be sold or transferred as part of the settlement
The arrangement is intended for clients who can't pay fees as the case goes on. We work with clients across England and Wales, and every case is assessed individually.
Find out if you qualify.
Costs
What a Sears Tooth Agreement Costs
If we can offer a Sears Tooth agreement, your legal fees are paid when the property is sold or transferred. Your first call with us is free. If a Sears Tooth agreement looks suitable, there is a fee of £500 + VAT for us to assess your case.
Because we wait to be paid, our hourly rates for Sears Tooth matters are higher than our standard rates. We'll explain the rates and the likely total cost in writing before you sign anything.
Find out if you qualify.
At a Glance
Funding Options Compared
| Option | When you pay | Best suited to | Availability |
|---|---|---|---|
| Paying in stages | As your case progresses | Clients who can fund their case as it goes on | Most common |
| Sears Tooth agreement | When the home is sold or transferred (£500 + VAT assessment fee first) | Homeowners who cannot fund their case as it goes on | Subject to assessment |
Legal aid is not available for our family law work. Please see the Legal Aid Agency website to check whether you may qualify elsewhere.
Your Solicitor
Who Will Handle Your Case
Your Family Law Specialist
Martin Dias
Family Law Executive
Martin brings almost 30 years of specialist family law experience to every case — divorce, separation, financial settlements and child arrangements. Clients value his straight-talking honesty, patience, and genuine emotional support throughout what is often a very difficult time.
Client Testimonials
What Our Clients Say
“Dividing our assets after 20 years of marriage was complex. Martin understood the full picture — the property, the pensions, the business interests — and achieved a financial settlement that was genuinely fair.”
Patricia N.
Financial settlement — complex assets, Chester
* Names changed to protect client confidentiality. Testimonials reflect genuine client experiences.
Common Questions
Frequently Asked Questions
What is a Sears Tooth agreement?
A Sears Tooth agreement is an arrangement under which your solicitor's fees are secured against your interest in the family home. Rather than paying fees as you go, the costs are paid from your share of the property when it is sold or transferred. It is named after the Court of Appeal case Sears Tooth v Sears Tooth (1993), which established the legal basis for this type of arrangement. It is an option for homeowners who cannot fund their case as it goes on, not an arrangement available to every client.
Can I get a Sears Tooth agreement if I don't own the property outright?
You do not need to own the property outright. A Sears Tooth agreement may be possible where you own the home jointly, in your sole name, or have a beneficial interest in it, even if there is a mortgage. The key requirement is that there is enough equity in the property to cover the likely legal fees.
Does a Sears Tooth agreement cost anything to set up?
Your first call with us is free. If a Sears Tooth agreement looks suitable, there is a fee of £500 + VAT for us to assess your case. If we can offer an agreement, your legal fees are then paid when the property is sold or transferred.
How much will my family law case cost?
Costs vary depending on the complexity of your case and whether it is contested. A straightforward no-fault divorce starts from £750 plus VAT and the court fee. Financial settlements and children matters are more variable. We will always provide a written cost estimate before any work begins and keep you updated throughout.
What if I can't afford to pay for a solicitor?
Most clients pay our fees in stages as their case progresses. If you own a home but don't have the funds to pay as you go, we may be able to offer a Sears Tooth agreement instead. We will explore the options with you on a free initial call.
Do you work with clients outside Chester?
Yes. We act for clients across England and Wales. Every case is assessed individually.
Find out if you qualify.
Request a Callback
Speak to a Family Law Specialist
We will explain all your funding options clearly, including whether a Sears Tooth agreement may be right for you.
Prefer to speak with us? Call 01244 757 352