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| General Disclaimer: Nothing presented constitutes legal advice and the McKenzie Friend UK Network is not a legal entity or in anyway claims to be a 'legal resource'. The resource guide is supported by McKenzie Friends and Litigants in person for Litigants in Person in Family Court. McKenzie Friends provide layperson support as an informed friend under the Family Court Practice Guidance of 2010. All information is published under the spirit of that guidance. For any corrections of the information, please contact the McKenzie Friend UK Network | |
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| Introduction | |
| A Legal Services Payment Order (LSPO) is available to be made in Divorce / Nullity /Judicial separation / Dissolution of civil partnerships /Financial orders | |
| An order requires
one spouse or civil partner to pay the legal fees of the
other, but only if they have the means to afford to/ The legal provision of for a Legal Service Payment Order comes under: a) Matrimonial Causes Act 1973 for parties who are or were married b) The Cicil Partnership Act 2004 |
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| When can an
application be made? As soon as the divorce application has been issued, either party can apply to the court for a LSPO. Is it 'Free' Money? No! Be aware that the legal costs you receive under a LSPO from the other party can be considered by the court and taken into account at the end of the case. If a financial order is made, you may have to pay back to the other party some or all of your costs they paid out of what the court awards to you in a financial settlement. |
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| What are the payments under a LSPO? | |
| A party can be awarded a one-off payment or payments by instalments at particular times, usually monthly. A payment can be deferred, to be paid at a point in the future, for example when funds become available. | |
| What are the legal services available | |
| An application can be considered for the following services: | |
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| How does the court decide? | |
| The court may not
make an order unless it is satisfied that you would not
be able to obtain legal services without an order being
made. The court will question that a party cannot secure
a loan or raise money against a property In layperson terms, the court must take into account for both parties: a) Income. b) Property and other financial resources available or could have available in the foreseeable future. c) The expenses and responsibilities which both parties have now or could have in the near future d) What the case or legal issue is. e) Whether the other party has legal representation themselves. f) Anything done to avoid court litigation for example mediation. g) Whether any money is owed to the other party. h) Whether court orders have been obeyed. i) Whether there are already costs int he case. j) the impact of an order on the other side. k) Whether an order would prevent the other party seeking legal support themselves . l) How likely a case would be successful and whether it is reasonable. |
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| How to Apply for a LSPO? | |
| You can apply using the Form D11 with a Statement | |
| You need to generally give 14 days notice of an application to the other party. | |
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