Legal Services Payment Order (LSPO)

What Is a Legal Services Payment Order?

A Legal Services Payment Order (LSPO) is a type of interim financial order that allows one party in divorce proceedings to receive funding from the other to cover legal costs. This includes solicitor and barrister fees, court costs, and other legal expenses.

LSPOs are governed by Sections 22ZA and 22ZB of the Matrimonial Causes Act 1973 and are designed to ensure equality of arms - so both parties can access legal representation, regardless of financial disparity.

Who Can Apply for an LSPO?

You may be eligible to apply for an LSPO if:

• You cannot afford legal representation from your own resources
• You are unable to obtain a litigation loan or funding on reasonable terms
• Your solicitor cannot offer a Sears Tooth agreement (where fees are paid from future settlement)
• Your spouse has sufficient financial means to assist

Applications are made using Form D11, accompanied by a draft order and a supporting statement detailing your financial position and legal needs.

What Will the Court Consider?

When deciding whether to grant an LSPO, the court will assess:

• Your financial circumstances
• Your spouse’s ability to pay
• Whether the order would cause undue hardship to the paying party
• Whether the order would prevent them from funding their own legal representation

If your spouse’s finances are unclear, the court may make robust assumptions about their ability to pay.

The court has discretion as to the details of a LSPO, such as limiting the amount payable or the specific time period or portion of the proceedings which should be covered.  

The leading case on this area is Rubin v Rubin [2014] EWHC 611, which established the key principles to be considered by the court when determining whether to make a LSPO order.

Need Help Funding Your Divorce Case?

If you are considering or going through a divorce and require funding for legal services, it may be possible to order your spouse to cover your fees. Our expert solicitors specialise in high-value and complex cases, and can guide you through the LSPO application process to ensure you get the support you need.

BOOK FREE CONSULTATION