What is a Sears Tooth Agreement and Can I Get One?

In the realm of family law, particularly in divorce and child custody cases, the financial implications of legal proceedings can often be overwhelming. To help mitigate these financial pressures, legal mechanisms have been developed to assist individuals in securing legal representation when they need it most. One such mechanism is the Sears Tooth Agreement. If you’re navigating the complexities of family law, you might be wondering what a Sears Tooth Agreement is and whether you can obtain one. In this blog entitled What is a Sears Tooth Agreement and Can I Get One?, we will break down the key components of a Sears Tooth Agreement, its purpose, eligibility criteria and how to obtain one.

Understanding the Sears Tooth Agreement

A Sears Tooth Agreement is a legal funding arrangement that originated in the UK, specifically designed for individuals involved in family law cases. It is named after the legal firm Sears Tooth who developed the concept of funding legal costs. Under this type of agreement, legal services are provided based on the expectation of payment at a later date, contingent upon the outcome of the case.

Essentially, a Sears Tooth Agreement allows clients to defer the payment for legal services until a specific event occurs, commonly the resolution of their case or the receipt of a financial award. This can be particularly beneficial during divorce proceedings, where individuals may face significant expenses but lack the immediate funds needed to hire legal representation.

The Importance of Sears Tooth Agreements

Sears Tooth Agreements are particularly important in family law for several reasons:

1. Access to Justice: Many individuals face financial constraints that limit their ability to secure adequate legal representation. A Sears Tooth Agreement ensures that legal services remain accessible, regardless of a person’s financial situation. You must also not qualify for Legal Aid (please note that this firm does not deal with Legal Aid matters).

2. Risk Management: These agreements can reduce the financial risk for clients, as they do not have to pay legal fees upfront. Instead, payments are postponed until they achieve a favourable outcome in their case.

3. Encouragement to Seek Representation: The availability of a Sears Tooth Agreement may encourage individuals who would otherwise forgo legal help to seek representation, leading to fairer outcomes in family disputes and custody matters.

Who Can Obtain a Sears Tooth Agreement?

While the availability and specifics of Sears Tooth Agreements may vary, there are common eligibility criteria that individuals must meet:

1. Financial Need: To qualify for a Sears Tooth Agreement, clients generally (but not always) need to demonstrate that they are experiencing financial hardship. This may involve providing documentation related to their income, expenses and overall financial circumstances.

2. Nature of the Case: Sears Tooth Agreements are particularly relevant for family law cases, including divorce, child custody disputes and financial settlements. The legal issue must fall within the scope of cases typically covered by these agreements.

3. Legal Representation: Clients usually need to be represented by a solicitor or legal professional willing to enter into a Sears Tooth Agreement. It’s important to identify a solicitor specialising in family law who is familiar with this type of funding arrangement.

The Application Process for a Sears Tooth Agreement

Applying for a Sears Tooth Agreement generally involves the following steps:

1. Consult with a Family Law Solicitor: Start by seeking legal advice from a solicitor specialising in family law. They will assess your case and financial situation, determining whether a Sears Tooth Agreement is appropriate for you.

2. Gather Financial Documentation: Be prepared to provide evidence of your financial circumstances. This may include payslips, bank statements, tax returns and any other financial documents that demonstrate your need for assistance.

3. Discuss the Agreement Terms: If your solicitor believes a Sears Tooth Agreement is suitable, they will explain how the arrangement works, including any terms and conditions associated with the funding.

4. Complete the Agreement: Once you and your solicitor agree to proceed with the Sears Tooth Agreement, you will need to sign the necessary documentation outlining the terms before an independent solicitor who will advise you of the nature and terms of the agreement. This will detail the legal services covered, how and when payment will be made, and any other relevant provisions.

5. Proceed with Legal Representation: After the agreement is in place, your solicitor can begin providing the necessary legal services while you focus on your case, knowing that your financial obligations are deferred until the resolution of your matter.

Conclusion

A Sears Tooth Agreement can be a valuable resource for individuals navigating the financial challenges associated with family law cases. By understanding what a Sears Tooth Agreement is, its benefits, eligibility criteria and the application process, you can make informed decisions about securing legal representation during difficult times. Always consult a qualified solicitor to explore your options and ensure you have the best support available as you work through your family law matters. Remember, seeking legal help is a crucial step in achieving a fair and just outcome in your case.

At Alexander JLO we have decades of experience of dealing with all aspects of family law. We are one of a few firms in London to offer Sears Tooth agreements for divorce matters, dependant upon your circumstances. We will be happy to discuss your case in a free no obligation consultation. Why not call us on +44 (0)20 7537 7000 or get in touch via the contact us button and see what we can do for you?

This blog was prepared by Alexander JLO’s senior partner, Peter Johnson on 24th April 2025 and is correct at the time of publication. With decades of experience in almost all areas of law Peter is happy to assist with any legal issue that you have. He is widely regarded as one of London’s leading divorce lawyers. His profile on the independent Review Solicitor website can be found Here