What is a legal services order?
A legal services order is an order made by the Court for one party to make a payment to another party for a sum of money for the purposes of funding legal services only. This type of order often occurs where one party does not have the same financial means as their partner to fund legal advice and representation.
Who can apply for a legal services order?
A legal services order is available to parties in divorce proceedings, financial remedy proceedings, schedule 1 applications, nullity, and judicial separation proceedings.
What do I need to provide to obtain a legal services order?
For parties to successfully obtain a legal service order you must be able to satisfy that you cannot fund legal services and show evidence of the following:
- You do not have sufficient funds to pay for legal services whereas your partner does have sufficient funds;
- You cannot reasonably get a loan to pay for the services. In order to satisfy this, you need to provide 2 rejection letters from the bank or credit card company;
- Your legal advisor is not willing to enter into a Sears Tooth Agreement;
- You cannot place a charge against any property you own; and
- You are not entitled to Legal Aid.
What will the Court consider when making a legal services order?
The Court will consider the following factors when deciding on making an LSO:
- The income and earning capacity of both parties;
- The conduct of the party who is applying for the LSO order and especially whether they attempted mediation;
- The effect the LSO would have on the paying party paying i.e. if they paid for their spouse’s legal fees would they be able to continue affording their own legal services; and
- The financial needs and obligations of both parties.
