If you are being denied access to your bank account and assets by your spouse and struggling to find a way to pay for your legal costs, you could be eligible to apply for a Legal Service Payment Order.

In a situation where one party has all of the assets and the other party has difficulty in funding legal costs in divorce, nullity or judicial separation proceedings, an application can be made for a legal service order to secure funding for proceedings for financial relief.

If successful, the order will be paid by instalment or a lump sum.

The criteria when making an application for a Legal Service Payment Order are:

• you must demonstrate that you would not reasonably be able to obtain appropriate legal services without the order;
• you cannot reasonably secure a loan to pay for legal costs and must supply evidence that you have applied unsuccessfully for at least two loans;
• you are unable to obtain legal services by raising funds against assets such as the former matrimonial home; and
• you cannot enter into an agreement with a legal representative as to payment of your legal costs at the conclusion of the case.

If granted, you would be expected to make an agreement with your spouse that you will repay all or part of the costs, and any interest, under the Legal Service Payment Order if the court thinks you should do so at the end of the proceedings.

For more information on Legal Service Payment Orders or any other family law matter, contact family lawyer Jacqueline Dugard on 01543 431 193 or email jdugard@ansons.law.