Amy Langlois, solicitor in our Family Team, looks at Legal Services Payment Orders (LSPO); discussing how they can be used during divorce when a person can’t afford legal fees and doesn’t qualify for legal aid.
What to do If you can’t afford legal fees for divorce?
There are a number of options open to you, some of these are as follows:
- Seek advice from your local Citizens Advice Bureau
- Seek initial free advice from a firm of solicitors
- Ask your solicitor if a payment plan can be agreed
- You may be entitled to fee exemption from the court regarding the court fee
- You may be entitled to legal aid
What if I don’t qualify for legal aid?
Again, there are a number of options open to you, some of these are as follows:
- You should speak with the firm of solicitors you wish to instruct to see if they offer a payment plan to act for you, or if they agree to enter into a ‘Sears Tooth’ Agreement. A ‘Sears Tooth’ Agreement is where your solicitor deducts what you owe them from the proceeds you might get from your divorce settlement.
- Obtain a litigation loan.
If you are still unsure how you are able to proceed with legal representation due to financial restraints, please read on.
Are you the stay at home party who is not eligible for legal aid, have no income or savings and cannot afford legal representation?
If the answer is yes to the above then you need advice on Legal Services Payment Order (LSPO).
Alternatively, you can do a divorce yourself online, however there are Pros and Cons to this. We have written a full article on DIY Divorce, which weighs up the cost as well as the Pros and Cons; you can read that here.
What is a LSPO and when do I need one?
What is a LSPO?
This is an order where one party to the marriage is ordered to pay the other an amount for the purpose of enabling that party to obtain legal services. It can also be:
- A one-off lump sum payment
- Payments in instalments
- Payment for a specified period, for example, the whole proceedings or up to a particular stage in proceedings
- Immediate payments
- Deferred payments
An LSPO can also be varied in the event of a significant change in circumstances since it was made.