LS Legal News Bulletin
Denied Access: Legal Funding When Your Spouse Controls the Money
Friday 15th March 2024
Stella Marat
💸 Our Family Law cases are all privately funded, and the client is responsible for covering their legal expenses. However, some individuals encounter difficulties in finding the necessary funds.
👉 Today, we look at available options when the other party refuses to contribute to legal costs and how a legal services payment order (LSPO) may help.
⚙️ A legal services order or LSPO involves a court instructing one party to provide financial assistance to the other for legal fees. For example, the court may intervene if a spouse denies access to joint funds for legal expenses.
⚡ In a recent case (L v L [2021] EWFC B83), a wife couldn't use shared funds for legal representation because her husband objected. Consequently, she had to resort to a high-interest loan. The judge deemed the husband's refusal to be misconduct and ordered reimbursement for the borrowed sum.
⛔ In another scenario (Gallagher v Gallagher (No.2) (Financial Remedies) [2022] EWFC 53), a wife accumulated significant debt due to her husband's failure to provide financial support for her legal fees. The court criticised this, highlighting the unfairness of her resorting to high-interest loans.
💡 As the cost of legal representation continues to rise, financial constraints persist for many. Seeking a legal services order early in proceedings can alleviate some of these challenges.
💬 If you require further information about anything in this post, please get in touch.
