i      
     

 

You Don't Need Family Lawyers


Tens of thousands of people are empowering themselves through Family Court as Litigant's in Person with the support of

a Trusted McKenzie Friend.

Take the path of #lightnothate

legal-services-order
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
 
Legal Services Order
 
 
 
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

 
 
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.

 
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:
 
  • Advice as to how the law applies to your case.
  • Representation in relation to your court proceedings.
  • Advice and assistance on whether you should try alternative methods of settling the case, for example, through mediation.
  • Advice and assistance on enforcing any orders relating to the case.
 
 
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.

 
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.
 
 
 
 
Share by: