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Family Divorce Law Farleys Solicitors LLP

Legal Services Orders

What is a Legal Services Order?

A Legal Services Order can be made by a judge during family law proceedings to compel one of the parties to meet the other’s legal costs.

Sought in divorce or dissolution of civil partnership proceedings, Legal Services Orders are intended to place the parties on an equal legal footing, with the aim of preventing one party using their finances as a means of securing an advantage over the other.

The law relating to Legal Services Orders is complicated, and if you are facing an application by your former spouse or civil partner, or you require information about applying for an Order, it’s important to instruct a solicitor with specific expertise in this area of family law. Farleys have a specialist family law team with experience of securing Legal Services Orders for clients. We will always act in your best interests, keeping in mind your needs and wishes at all times.

FAQs

How do I obtain a Legal Services Order

The party seeking a Legal Services Order is required to make a formal application to the court, and a judge will consider various factors before granting or refusing the request.

In particular, the judge will consider the applicant’s income,  and available capital and those of the opponent.

The judge will also take into account:

- the nature of the proceedings
whether the other party is legally represented
- any legal costs owed by the applicant to the other party
- the likely effect of an Order on the other party, and in particular whether they will suffer undue hardship
- as a result of the granting of an Order or struggle to fund their own legal representation.

How is a Legal Services Order funded?

It is important to note that a Legal Services Order will not be made unless there is no source of funding available to fund the litigation other than a Legal Services Order. The Applicant could only obtain funding via this method if they have no assets, can give no security for borrowings, or cannot guarantee an outcome that would enable them to enter into a Sears-Tooth agreement with their solicitors.

Contact a Solicitor to Apply for a Legal Services Order

For more information or to obtain legal advice on a Legal Services Order or any other family law matter, call 0333 331 4031 or you can send us the details of your query online.

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